CHAPTER 12
OFFENSES - MISCELLANEOUS

Article I. In General.

12.1.1 Purpose and Intent.

The City has a compelling interest in reducing the rate of juvenile crime and victimization. Minors are particularly vulnerable to violence and to the pressure to participate in criminal activity due to their lack of maturity and experience and their limited ability to make critical decisions in an informed and mature manner. Enactment and enforcement of a juvenile crime and victimization.

In addition to reducing the rate of juvenile crime and victimization, a daytime curfew also serves to promote the City’s compelling interest in prohibiting daytime presence in public places by those subject to compulsory education.

Both the nighttime and daytime juvenile curfews promote legitimate and compelling governmental interests while not restricting constitutionally protected activities.

12.1.2 Definitions.

In these sections 12.1.1 through 12.1.7:

Custodial Person means any parent or legal guardian of the minor, or any person eighteen (18) years of age or older who possesses written authorization by such parent or legal guardian for the care and custody of the minor.

Daytime Curfew Hours means the period from 8:30 a.m. through 1:30 p.m. on those days when the minor’s school is in session with the exception of a school approved lunch hour.

Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes but is not limited to fire, natural disaster, automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

Minor means a person under the age of eighteen (18) years.

Nighttime Curfew Hours means the period from 11:00 p.m. through 5:00 a.m. every day of the week.

Public Place means any place to which the public has access and includes, but is not limited to, streets, roads, alleys, trails, parks, recreation areas, public grounds or buildings, vacant lots or buildings, common areas of schools (except during regular school hours), office buildings, transport facilities, restaurants, retail establishments, places of amusement, parking lots, or other unsupervised places.

12.1.3 Prohibitions.

Except as provided in section 12.1.4 (Exceptions) below:

(a)    Nighttime curfew: Every minor who is present in or upon any public place during nighttime curfew hours is guilty of an infraction.

(b)    Daytime curfew: Every minor subject to compulsory education or to compulsory continuation education who is not in possession of a valid, school-issued, off-campus permit giving permission to leave campus or not receiving instruction by a qualified tutor pursuant to Education Code Section 48224 or not otherwise exempt from attendance at a public or private full-time day school as set forth in the Education Code, who is present in or upon any public place during the daytime curfew hours is guilty of an infraction.

(c)    Custodial responsibility: Every custodial person who allows or permits a minor in his or her custody to violate any provision of this section is guilty of an infraction.

12.1.4 Exceptions.

The prohibitions of Section 12.1.3 do not apply if the minor is:

1.    Accompanied by a custodial person;

2.    On an errand directed by, and in possession of a written excuse from, a custodial person;

3.    Engaged in or going directly to or returning directly from a school-approved activity or one that is supervised by school personnel, a medical appointment, a religious activity, other lawful educational or recreational activity supervised by adults and sponsored by the school, the city, a civic organization, or a similar entity that takes responsibility for the minor;

4.    Engaged in a lawful employment activity or in a place in connection with or as required by a business, trade, profession, or occupation in which the minor is lawfully engaged, or going directly to or returning directly from such activity;

5.    Engaged in or going directly to or returning directly from any lawful activity with written permission from a custodial person;

6.    Involved in an emergency or seeking medical assistance;

7.    Exercising rights protected by the First Amendment of the United States Constitution or Article 1 of the California Constitution, including but not limited to: free exercise of religion, freedom of speech and freedom of assembly;

8.    In the right-of-way abutting the minor’s residence;

9.    In a motor vehicle involved in interstate travel;

10.    Emancipated pursuant to State law and California Family Code Section 7000, et seq, including but not limited to the following reasons: married or in the military service.

12.1.5 Enforcement.

A police officer shall ask the age of an apparent offender and the reason for being on the premises or property. The officer shall not issue a citation or make an arrest unless the officer reasonably believes that an offense has occurred and that none of the exceptions set forth in Section 12.1.4 apply.

Nothing in this section shall be construed as limiting in any way the power or right of law enforcement officers to make investigations, detentions or arrests as would have been permitted had this section not been enacted.

12.1.6 Penalty.

Each violation of Section 12.1.3 is a separate offense.

12.1.7 Severability.

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. (Ord. No. 98-18, § 1.)

12.2 Disinterment - Authority granted to property owners under certain circumstances; permit required; approval by city health officer, etc.

Under the authority granted to the city by section 7600 of the Health and Safety Code of the state, the city having a population of more than fifteen hundred and not exceeding one hundred thousand, the city council, being the governing body of the city, does herewith authorize owners of property within the city limits of the city to disinter and remove human remains therefrom where such property includes a cemetery in which no interments have been made for a period of two years. A permit for removal of such human remains shall be obtained from the city prior to commencement of removal procedures. Such removal procedures shall be approved by the city health officer and shall comply with any and all applicable codes of the state. (Ord. No. 65-22.)

12.3 Disorderly conduct.

No person shall maliciously and willfully disturb the peace and quiet of the city or of any person therein by loud and unusual noise, by tumultuous or offensive conduct, by threatening, traducing, quarreling, challenging to fight or fighting, run any race horse, either for wager or for amusement on the streets within the city or use any vulgar or profane language within the presence of hearing of women or children in a loud or boisterous manner.

The chief of police shall remove from the halls or rooms in which any public entertainment or exhibition is being held any person violating the provisions of this section. (Ord. No. 19 (1905), § 1,2; Ord. 93-9, § 10.)

12.4 Drunkenness.

No person shall be in an intoxicated or drunken condition in the following places:

(a)    In or upon any street, thoroughfare, alley, sidewalk, public ground, public place, or place accessible to the public, or exposed to public view.

(b)    In or on any automobile, motorcycle or other motor vehicle, streetcar, railroad car or other vehicle. (Ord. No. 148 [1945], § 1.)

12.5 Firearms, etc. - Use in city prohibited.

No person shall, upon any street or public place or upon any lot owned by any person within the city, use, discharge, or cause or permit to be used or discharged any firearm, gun, pistol, or any weapon or thing which is capable of propelling or which does propel, in any manner, any bullet, or missile whatever.

There shall be exempt from the prohibition of this section, peace officers while in the performance of their duties; other persons designated by the chief of police; those persons employed by and those areas designated and owned by the unified school district; firearms and archery ranges sponsored, owned, designated or licensed by the city. (Ord. No. 52 [1913], § 1; Ord. No. 69-24, § 1; Ord. No. 93-9, § 10.)

12.6 Handbills, posters, etc. - Distributing and scattering.

Repealed by Ord. No. 85-5, § 1.

12.6.1 Prohibited conduct in on-sale liquor establishments.

(a)    Authority for adoption. This section is adopted pursuant to sections 318.5 and 318.6 of the penal code. All words used in this section which also are used in such sections 318.5 and 318.6 are used in the same sense and mean the same as the same respective words used in sections 318.5 and 318.6 of the penal code. (Ord. No. 84-31, § 1.)

(b)    "Theater" defined. As used in this section and in sections 318.5 and 318.6 of the penal code, the phrase "theater, concert hall or other similar establishment which is primarily devoted to theatrical performances" shall mean a building, playhouse, room, hall, or other place having permanently affixed seats so arranged that a body of spectators can have an unobstructed view of the stage, upon which theatrical or vaudeville or similar performances are given, and in which the serving of food and/or beverages is clearly incidental to such performances, and for which a city license for a theater is in full force and effect. This definition does not supersede the provisions of subsection (a) of this section. (Ord. No. 84-31, § 1.)

(c)    Prohibition against the display of female breasts. Every female is guilty of a misdemeanor who, while participating in any live act, demonstration, or exhibition, or while serving food or drink or both to any customer in any premises with an on-sale liquor license:

(1)    Exposes any portion of either breast below a straight line so drawn that both nipples and all portions of both breasts which have a difference pigmentation than that of the main portion of the breasts are below such straight line, or

(2)    Employs any devise or covering, which is intended to simulate such portions of the breast, or

(3)    Wears any type of clothing so that any portion of such part of the breast may be observed. (Ord. No. 84-31, § 1.)

(d)    Prohibition against display of private parts. Every person is guilty of a misdemeanor who:

(1)    Exposes his or her private parts or buttocks, or employs any device or covering which is intended to simulate the private parts or pubic hair of such person, while participating in any live act, demonstration, or exhibition, or while serving food or drink on premises with an on-sale liquor license, or

(2)    Permits, procures, or assists any person to so expose himself or herself, or to employ any such device.

(e)    Accessories. Every person is guilty of a misdemeanor who permits, counsels, or assists any person to violate any provisions of this section.

(f)    Exceptions. This section does not apply to:

(1)    A theater, concert hall or similar establishment which is primarily devoted to theatrical performance.

(2)    Any act authorized or prohibited by any state statute. (Ord. No. 73-15, § 1-6; 84-31, § 1.)

12.7 Monuments, works of art, public buildings, etc. - Injury, destruction, etc.

No person not the owner thereof shall injure, disfigure, destroy, or cause or direct the injury, disfigurement, or destruction of any monument, public building, work of art, or useful or ornamental improvement within the city, whether situated on private ground or on any street, sidewalk, public easement or public park or place. (Ord. No. 12 (1953), § 3.)

12.8 Noise - Unnecessary and annoying noises prohibited.

No person shall make, cause, suffer or permit to be made or caused, upon any premises owned, occupied or controlled by such person, any unnecessary noises or sounds which are annoying to persons of ordinary sensitiveness, or which are so harsh or so prolonged or unnatural or unusual in their intensity, time or place of occurrence as to occasion discomfort to the inhabitants of the city. (Ord. No. 56-17, § 2.)

12.9 Same - Specific noises prohibited.

Specific noise regulations and prohibitions are contained in Chapter 25, Article X of the Fairfield City Code. (Ord. No. 2004-18, § 1.)

12.10 Nuisances - Generally.

The creating, causing or maintaining on any property within the city of any accumulation of junk, rubbish or other material of unsightly or unhealthy nature and which may endanger or injure neighboring property or the health or welfare of the residents of the vicinity, any structure partially destroyed by fire or otherwise or any unsafe building or structure which is liable to become a fire menace or permitting on any premises dry grass, weeds, brush, sewage, or stagnant water to stand or remain on such premises shall constitute a nuisance. (Ord. No. 98 [1930], § 1.)

12.11 Same - Abatement; cost to be lien.

Where any of the nuisances mentioned in the preceding section are maintained on any property in the city it shall be the duty of the owner, agent or tenant of the property to abate such nuisance within five days after being notified so to do in writing by the chief of police, or superintendent of streets. If such nuisance is not abated within five days time, the chief of police or superintendent of streets shall have the right to abate and remove of same against the property on which such was maintained, which costs and expenses shall be a lien upon such property and collected with and at the same time the taxes are collected, and if not paid, such payment may be enforced against the property by any appropriate action in a court having jurisdiction thereof. Notification sent by registered mail to owners residing outside the city, addressed to them at their known place of residence or business, shall be sufficient service on them of such notification for all purposes herein. (Ord. No. 98 [1930], § 2; Ord. No. 134 [1943], § 1; Ord. 93-9, § 10.)

12.12 Gaming and gambling.

Every person who, within the incorporated area of the city, deals, plays, or carries on, opens, or causes to be opened, or who conducts, either as owner or employee, whether for hire or not, any game played with cards, dice, or any device, for money, checks, or credit, as the result of any such game, shall be deemed guilty of a misdemeanor. (Ord. No. 61-17, § 1.)

12.13 Palmistry, astrology, fortunetelling, etc.

Repealed by Ord. No. 85-36, § 1.

12.14 Solar shade control.

The provisions of chapter 12 of division 15 of the public resources code, "Solar Shade Control", shall not apply within the City of Fairfield. (Ord. No. 79-8, § 1.)

12.15 Business Premises Trespass.

No person shall remain upon any private property or business premises, after being notified by the police, owner, occupant or agent thereof to leave the premises.

No person, without permission of the owner or lessee or agent of the owner of private property or business premises, shall enter upon private property or business premises after having been notified by the owner or lessee or other person in charge to keep off or keep away from the premises. After complying with such order, no person shall return within 48 hours of leaving and under no circumstances may that person resume the unlawful activity for which they were removed from the property.

This section shall not apply in any of the following instances:

1.    Where its application results in an act prohibited by the Unruh Civil Rights Act or any other provision of law relating to prohibited discrimination against any person on account of color, race, religion, creed, ancestry or national origin;

2.    Where its application would result in interfering with lawful labor picketing;

3.    Where its application would result in interfering with any other exercise of a constitutionally protected right such as peaceful expressions of political or religious opinions, not violating any Rules & Regulations existing for such private property. (Ord. No. 93-5, § 1.)

12.15.1 Business Premises Trespass: Private Rules and Regulations.

No person shall refuse to comply or violate any rule(s) of a business premises. No person shall refuse to comply with order of the police, owner, occupant or agent thereof to leave the business premises because of activity made unlawful by this section. After complying with such order, no person shall return within 48 hours of leaving and under no circumstances may that person resume the unlawful activity for which they were removed from the property. (Ord. No. 93-5, § 2.)

This section shall apply only to rules and regulations that are clearly posted, with such posted notice including reference to this section sufficient to put persons on notice that violations of the posted rules and regulations may also constitute violations of the Fairfield City Code. This section shall not apply in any of the following instances:

1.    Where its application results in an act prohibited by the Unruh Civil Rights Act or any other provision of law relating to prohibited discrimination against any person on account of color, race, religion, creed, ancestry, or national origin;

2.    Where its application would result in interfering with lawful labor picketing;

3.    Where its application would result in interfering with any other exercise of a constitutionally protected right such as peaceful expressions of political or religious opinions not violating any Rules & Regulations existing for such private property. (Ord. 2002-15, § 3.)

12.16 Private parking lots.

(a)    It shall be unlawful for any person to park, leave standing, or cause or permit to be left standing any vehicle upon any privately owned offstreet parking facility or lot when the adjoining business or commercial establishments are not open for business without the written consent of the owner of such privately owned parking facility or lot.

(b)    It shall be unlawful for any person to enter and remain upon any privately owned offstreet parking facility or lot when the adjoining business or commercial establishments are not open for business without the written consent of the owner of such privately owned parking facility or lot. (Ord. No. 81-16, § 1.)

12.17 Intoxicating beverages on public streets and parking lots.

(a)    It shall be unlawful for any person to possess an open container of beer, wine, or any intoxicating liquor on any street, sidewalk, alley or highway.

(b)    It shall be unlawful for any person to possess an open container of beer, wine, or any intoxicating liquor on any public or private off-street parking lot or in any common or shared parking area in a multi-family complex.

(c)    Notwithstanding paragraphs (a) and (b) of this section, it shall not be unlawful for any person to consume or possess an open contain of beer or wine upon any public street, sidewalk, alley, highway, public or private off street parking lot if such person has purchased or been furnished said wine or beer from premises which are selling or furnishing wine or beer as part of a Special Event which has received a permit pursuant to section 12A.12 of this code, and said wine or beer is consumed within the confines of the segregated area described in section 12A.6(c) of this code. (Ord. No.81-23, § 1; Ord. No. 90-3, § 3; Ord. No. 96-2, § 1.)

12.18 Removal of graffiti.

Repealed by Ord. 2011-14, § 2.

12.19 Dog fecal matter. Public property.

Repealed by Ord. 98-10, § 1.

Article II. Harmful Matter.

12.100 Prohibition.

No material that is harmful to minors shall be displayed in a public place, other than a public place from which minors are excluded, unless blinder racks are placed in front of the material so that the lower two-thirds (2/3) of the material is not exposed to view. (Ord. No. 98-22, § 4.)

12.101 Definition.

As used in this article, "material that is harmful to minors" shall mean "harmful matter" as that term is defined in California Penal Code Section 313. (Ord. No. 98-22, § 4.)

Article III. Bingo.

12.200 Intent.

This article is enacted pursuant to Article IV, Section 19 of the California Constitution.

12.201 Authorization and purpose.

Pursuant to Penal Code Section 326.5, bingo games are authorized to be conducted pursuant to this article for the purpose of providing fund-raising opportunities for programming for Fairfield/Suisun youth in sports, culture, education and service, for other charitable purposes, and for students of the Fairfield-Suisun Unified School District and the Travis Unified School District. (Ord. No. 94-28, § 1.)

12.202 License required.

No person shall conduct or participate in a bingo game which is not licensed pursuant to this Article.

12.203 Application.

(a)    Each organization seeking a license to conduct bingo games shall file with the chief of police an application fee of $50.00. If an application of a license is denied, one half of the application fee shall be refunded to the organization. (Ord. No. 93-9, § 10.)

(b)    The application shall include:

(1)    The name and address of the organization which is seeking to conduct the game.

(2)    The name and address of the charitable organization for whose benefit the game is conducted.

(3)    The names and addresses of the officers of the organizations set forth pursuant to Section 12.203(b)(1) and (2).

(4)    The building or location where the game will be conducted.

(5)    The days or dates and hours during which the game will be conducted.

(6)    Such other information as the chief of police deems relevant to the enforcement of this Article. (Ord. No. 80-22; Ord. No. 85-23, § 1; Ord. No. 93-9, § 10.)

12.204 Investigation.

The chief of police, director of planning and development, fire marshal, and chief of the building division shall investigate the applicants, and location of the proposed game to determine if the applicants meet the requirements of this Article, and to determine if the location and times of the games comport with the public health, safety, welfare, and morals. (Ord. No. 80-22; Ord. No. 85-23, § 2; Ord. No. 93-9, § 10.)

12.205 Issuance of license.

Upon finding that the applicant meets the qualifications of this Article, and that the location and times of the proposed game comports with the public health, safety, welfare, and morals, the chief of police shall issue a license to the authorized organization setting forth the location, times, and other welfare and morals in the conduct of the game. (Ord. No. 80-22; Ord. No. 85-23, § 3; Ord. No. 93-9, § 10.)

12.206 Revocation.

The chief of police may, upon notice and opportunity to be heard, revoke or suspend any license issued under this Article for cause. (Ord. No. 80-22; Ord. No. 85-23, § 4; Ord. No. 93-9, § 10.)

12.207 Additional license fee.

a.    There is hereby imposed on all bingo licenses heretofore or thereinafter issued by the chief of police a monthly fee for law enforcement and public safety costs that are directly related to bingo activities. The City Council shall establish the fee annually by resolution. This additional fee shall be remitted to the director of finance on or before the 15th day of the following month.

Organizations licensed to conduct bingo games pursuant to Fairfield City Code Section 12.205 which receive $1,000 or less in net monthly income shall be exempt from paying this monthly fee.

b.    A special investigation fee shall be charged to organizations licensed to conduct bingo whenever the Fairfield Police Department conducts a special investigation in response to a complaint. This fee shall not exceed the actual costs incurred by the Police Department. (Ord. No. 97-4, § 1.)

12.208-12.299 Reserved.

12.300 Authorized organizations.

Bingo games shall be conducted only by (i) organizations exempted from the payment of the bank and corporation tax by Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g),and 23701(l) of the Revenue and Taxation Code, whose principal purpose is to support youth activities in Fairfield/Suisun, (ii) by mobile home park associations, (iii) senior citizens organizations, and (iv) fraternal organizations as defined by Revenue and Taxation Code section 23701(l) provided, however, that an organization which conducts bingo games at a location described in Section 12.302(a) and (b) need not have the support of youth activities in Fairfield/Suisun as its principal purpose. The proceeds of such games shall be used only for charitable purposes. Each organization licensed by Section 12.205 which conducts bingo games at the locations described in Sections 12.302(c) and 12.302(d) shall make a contribution to the Fairfield Youth Foundation of one percent of all daily gross receipts in conformance with the provisions of Section 12.313. (Ord. No. 94-28, § 2; Ord. No. 95-6, § 1.)

12.301 Minors.

No persons under 18 years of age shall be allowed to participate in any bingo games.

12.302 Ownership or leasing of premises.

An organization authorized by Section 12.300 shall conduct a bingo game only at one of the following locations:

(a)    Property whose use is donated to the organization and which property is used by such organization for an office or for performance of the purposes for which the organization is organized;

(b)    Property owned by it;

(c)    Property leased by it;

(d)    A bingo center licensed pursuant to Section 12.312. (Ord. No. 94-28, § 3.)

12.303 Open to public.

All bingo games shall be open to the public, not just to the members of the authorized organization.

12.304 Operation of game.

A bingo game shall be operated and staffed only by members of the authorized organization which organized it. Such members shall not receive a profit, wage, or salary from any bingo game. Only the organization authorized to conduct a bingo game shall operate such game, or participate in the promotion, supervision, or any other phase of such game, except for training purposes for which the trainer shall receive no consideration. (Ord. No. 94-28, § 4.)

12.305 Financial interest prohibited.

No individual, corporation, partnership, or other legal entity, except the organization authorized to conduct a bingo game shall hold a financial interest in the conduct of such bingo game.

12.306 Special account for funds.

With respect to organizations exempt from payment of the bank and corporation tax by Section 23701(d) of the Revenue and Taxation Code, all profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. With respect to other organizations authorized to conduct bingo games pursuant to this section, all proceeds derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such proceeds shall be used only for charitable purposes, except as follows:

(a)    Such proceeds may be used for prizes.

(b)    A portion of such proceeds, not to exceed 20 percent of the proceeds before the deduction for prizes, or one thousand dollars ($1,000) per month, whichever is less, may be used for the rental of property, overhead, including the purchase of bingo equipment, administrative expenses, security equipment, and security personnel.

(c)    Such proceeds may be used to pay license fees.

12.307 Physical presence required.

No person shall be allowed to participate in a bingo game, unless the person is physically present at the time and place in which the bingo game is being conducted.

12.308 Prizes.

The total value of prizes awarded during the conduct of any bingo game shall not exceed two hundred fifty dollars ($250) in cash or kind, or both, for each separate game which is held.

12.309 Alcoholic beverages.

No person shall consume any alcoholic beverages on any premises where a bingo game is being conducted.

12.310 Recordkeeping.

Licensees shall keep and maintain full, complete, and accurate records and accounts, and shall include in such accounts the amount of money obtained from players, the amount of money or type and value of prizes given for each game played, and the disposition of all funds generated by the conduct of bingo games. The city shall have the right to inspect such records at any reasonable time. (Ord. No. 77-30, § 2.)

12.311 Hours and days of operation.

(a)    No permittee shall conduct any bingo game except between the hours of 9 AM and 2 AM, nor shall any permittee conduct bingo games more than two (2) days in any seven-day period.

(b)    No more than two licensed bingo games shall occur in the City of Fairfield from 9 AM to 5 PM and no more than two licensed bingo games shall occur in the City of Fairfield from 5 PM to 2 AM provided that:

(i)    the games conducted by a licensee whose average monthly gross receipts have been less than $5,000 during the previous 12 month period shall not be subject to the limitation of this Section 12.311(b); and

(ii)    Any game conducted by a licensee prior to the effective date of this ordinance shall be allowed to continue on that day.

(c)    The chief of police shall schedule all bingo games in accordance with the provisions of this Section. (Ord. No. 94-28, § 5.)

12.312 Bingo centers.

(a)    For purposes of this Article, a "bingo center" shall be defined as a facility in which bingo games may be conducted up to seven days per week for which a bingo center license has been issued pursuant to Section 12.312(d).

(b)    Only an organization authorized by Section 12.300 shall conduct a bingo game at a bingo center.

(c)    Any organization conducting bingo games at a bingo center shall comply with the provisions of Section 12.311.

(d)    Application for bingo center license:

(i)    Any person wishing to operate a bingo center shall file an application for a bingo center license with the chief of police accompanied by an application fee of $75.00.

(ii)    The application shall include:

(1)    The name and address of the person which is seeking the license and the names and addresses of all persons who have or will have a financial interest in the bingo center;

(2)    The building or location of the bingo center;

(3)    The days and hours during which the bingo center will be open for operation;

(4)    A statement that the applicant is familiar with laws of the City of Fairfield and the State of California regarding conducting bingo games;

(5)    Such other information as the chief of police deems relevant to the enforcement of this Article.

(iii)    The chief of police, director of planning and development, fire marshal, and chief of the building division shall review the application to determine if the location and times of the games comport with the requirements of this Article.

(iv)    Upon finding that the applicant meets the qualifications of this Article, and that the location and times of the proposed games are consistent with the intent and purposes of this Article and Penal Code § 326.5, the chief of police shall issue a license to the applicant.

(e)    License revocation:

(i)    No license to operate a bingo center shall be suspended or revoked until after a hearing is held before the city manager or his designate to determine if there is just cause for such suspension or revocation.

(ii)    Notice of such hearing shall be given to the licensee in writing at least twenty (20) calendar days prior to the date of the hearing. The notice shall state the grounds of the complaint against licensee, and the date, time and place of the hearing.

(iii)    Notice of the hearing shall be delivered to the licensee in person, or by delivering notice to the bingo center, or by registered mail to the address furnished on the license.

(iv)    Revocation - Grounds

Based upon the evidence presented at the hearing, the city manager may revoke or suspend the bingo center license if he finds any of the following:

(1)    That the licensee has failed to meet any of the criteria set forth for granting of the license;

(2)    That the licensee has provided false or fraudulent information during the application process;

(3)    That the licensee has failed to comply with condition of this article or conditions or restrictions placed on the license holder;

(4)    That the licensee has committed any fraud, embezzlement or theft associated with the operation of the bingo center;

(5)    That the license is in violation of applicable sections of this case relating to the conduct of the business or maintenance of the premises;

(6)    That the licensee or anyone ;holding a financial interest in the bingo center participates in a "criminal profiteering activity" as defined in Penal Code Section 186.2, or participates in a "criminal street gang" as defined in Penal Code Section 186.22.

(f)    No person under the age of 18 shall be allowed in a bingo center during normal hours of operation as stated on the license; provided however that persons under the age of 18 may be present in a bingo center for the following purposes: to assist in setting up, to sell concessions and to assist in cleaning up.

(g)    The bingo center licensee shall deposit gross receipts of the bingo center into one special fund or account and shall not co-mingle such funds or receipts with any other funds. The bingo center licensee shall keep and maintain full, complete and accurate records of all financial transactions of the bingo center, including both income and expenses. The City shall have the right to inspect such records at any reasonable time. The bingo center licensee shall file a monthly financial report with the police department on a form furnished by the chief of police. Such report will be due on the 15th day of each month for the preceding month’s income and expenses.

(h)    Each bingo center licensed pursuant to this Article shall be open for inspection to any member of the police department, fire department, public works building inspection division for purposes of enforcement of this code or state law.

(i)    The bingo center licensee shall pay as a surcharge to the business license required by Section 12.300 of this chapter, the amount of one percent (1%) of the annual gross receipts of the bingo center. (Ord. No. 94-28, § 6.)

12.313 Allocation of funds to youth programming.

(a)    The receipts received by the Fairfield Youth Foundation pursuant to Section 12.300 of this Article shall be deposited into a special fund which shall be designated for and distributed to the sole and exclusive use of appropriate non-profit organizations which have as one of their primary objectives, the funding of programming for Fairfield/Suisun youth in sports, culture, education and service or students in the Fairfield-Suisun Unified School District or the Travis Unified School District.

(b)    The Fairfield Youth Foundation shall develop guidelines, in consultation with the Community Services Director and the Community Services Commission, to guide the allocation of funds. These guidelines must be approved by the City Council prior to the disbursement of funds pursuant to sub-section (a).

(c)    The finance director shall develop appropriate reporting and accounting requirements to insure use of the revenues received by the Fairfield Youth Foundation in a manner which is consistent with this section and the guidelines approved by the City Council pursuant to Section 12.313(b). (Ord. No. 94-28, § 7.)

12.314-12.399 Reserved for future legislation.

Article IV. Prohibition of Simulated Gambling Devices.

12.400 Definitions.

As used in this chapter, the following words and phrases shall have the following meanings, unless the context shall indicate another meaning or intent. Whenever any reference is made herein to any local law or regulation or to any state or federal statute, regulation or other law, the reference includes any subsequent amendment or superseding provision.

Person. The term "person" shall mean an individual, association, partnership, joint venture, corporation, or any other type of organization, whether conducted for profit or not for profit, or a director, executive, officer or manager of an association, partnership, joint venture, corporation, or other organization.

Simulated Gambling Device. The term "simulated gambling device" shall mean any device that is available to play or operate a computer simulation of any game, where the play or operation of the device may deliver or entitle the person or persons playing or operating the device to a payoff or potential payoff, whether such payoff is revealed before, during or after the commencement of the game. The following rules of construction apply to this definition of "simulated gambling device":

(1)    The term "device" shall mean any mechanical or electrical contrivance, computer, terminal, video, or other equipment that may or may not be capable of downloading games from a central server system, machine, computer or other device, or equipment. The term "device" also includes any associated equipment necessary to conduct the operation of the device.

(2)    The terms "play or operate" or "play or operation" shall include the use of skill, the application of the element of chance, or both.

(3)    The term "computer simulation" shall include simulations by means of a computer, computer system, video display, video system, or any other form of electronic video presentation.

(4)    The term "game" shall include slot machines, poker, bingo, craps, keno, or any other type of game ordinarily played in a casino; any other game associated with gambling; and a game, whether or not casino-themed, involving the display of the results or the potential results of a raffle, sweepstakes, drawing, contest, lotto, game of skill, or other promotion. The term "game" does not necessarily imply gambling as that term may be defined elsewhere.

(5)    The term "payoff" shall mean cash, monetary or other credit, billets, tickets, tokens, or electronic credits to be exchanged for cash or the equivalent of cash (including but not limited to, gift cards, prepaid cards, credit, checks, etc.) in any amount, or to receive merchandise or any tangible thing of value greater than one hundred dollars ($100), whether made automatically from the machine or manually.

(6)    The term "gambling" in the term "simulated gambling device" is for convenience of reference only. The term "simulated gambling device" as used in this chapter is defined exclusively by this subsection and does not incorporate or imply any other legal definition or requirement applicable to gambling that may be found elsewhere.

(7)    The term "slot machine" shall have the same meaning as specified in California Penal Code Section 330b. (Ord. No. 2015-07, § 2.)

12.410 Simulated gambling devices prohibited.

It is unlawful for any person to manage, supervise, maintain, provide, produce, possess, or use one or more simulated gambling devices. Each individual act to manage, supervise, maintain, provide, produce, possess, or use a simulated gambling device constitutes a separate violation of this section. (Ord. No. 2015-07, § 2.)

12.420 Exemptions.

This chapter does not prohibit an individual’s personal, recreational, and non-commercial ownership, possession, play, operation, or use of a device which could be construed to be a simulated gambling device. (Ord. No. 2015-07, § 2.)

12.430 Construction with state law.

Nothing in this chapter is intended to conflict with the provisions of state law concerning gambling, slot machines, gambling devices, or lotteries. In the event of a direct and express conflict between this chapter and state law, California law, as applicable, controls. (Ord. No. 2015-07, § 2.)

12.440 Public nuisance.

Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be and is hereby declared a public nuisance. (Ord. No. 2015-07, § 2.)

12.450 Civil injunction.

The violation of any provision of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the city, create a cause for injunctive relief. (Ord. No. 2015-07, § 2.)

12.460 Remedies cumulative; each day a separate offense.

Any person subject to this chapter who personally, or through an agent, employee, independent contractor, or other representative, violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such violation is committed, continued, or permitted by such person. All remedies provided herein shall be cumulative and not exclusive. (Ord. No. 2015-07, § 2.)

12.470 Regulations nonexclusive.

The provisions of this chapter are not intended to be exclusive and nothing in this chapter in any way limits or precludes the enforcement of any other applicable laws, or any other remedy that may be available to the city for conduct that violates this chapter. (Ord. No. 2015-07, § 2.)

12.480 Bingo excepted.

Nothing herein shall be construed to prohibit the issuance of a license to conduct bingo games pursuant to Fairfield Municipal Code, Chapter 12, Article III. (Ord. No. 2015-07, § 2.)

12.490 Application.

A person’s management, supervision, maintenance, provision, production, possession, or use of one or more simulated gambling devices prior to the effective date of this chapter shall not affect the application of this chapter to such activity after the effective date, regardless of whether that person was previously issued a permit or license by the City of Fairfield. This chapter is applied to such activity pursuant to the City of Fairfield’s inherent police power and is reasonably necessary for the protection of the public health, safety, and welfare. (Ord. No. 2015-07, § 2.)

Article V. Litter Control Program.

(Repealed by Ord. 2000-06, now included in Chapter 9)

Article VI. Protection of One’s Right to Breathe Fresh Air through Regulation of Smoking in Designated Public Places and Workplaces.

12.600 Purpose and findings.

The City Council of the City of Fairfield does hereby find that:

(a)    Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution; and

(b)    Reliable studies have shown that breathing sidestream or secondhand smoke is a significant health hazard for certain population groups, including elderly people, individuals and cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease; and

(c)    Health hazards induced by breathing sidestream or secondhand smoke include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchobstruction, and bronchospasm; and

(d)    Nonsmokers with allergies, respiratory diseases and those who suffer other ill effects of breathing sidestream or secondhand smoke may experience a loss of job productivity, or may be forced to take periodic sick leave because of adverse reactions to same; and

(e)    The smoking of tobacco, or any other weed or plant, is a proven danger to health.

Accordingly, it has been determined that the health, safety, and general welfare of the residents of, persons employed in, and persons who frequent this city would be benefitted by the regulation of smoking in designated places, including places of employment. (Ord. No. 2017-10, § 2.)

12.601 Definitions.

The following words and phrases, whenever used in this article shall be construed as hereafter set out, unless it shall be apparent from the context that they have a different meaning.

(a)    "Bar" means an area which is devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.

(b)    "Employee" means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit.

(c)    "Employer" means any person, partnership, corporation, including municipal corporations, who employ the services of more than three (3) persons.

(d)    "Enclosed" means closed in by roof and four walls with appropriate openings for ingress and egress.

(e)    "Place of Employment" means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, conference rooms and employee cafeterias. A private residence is not a place of employment unless it is used as a childcare or healthcare facility. The dining area of a restaurant is not a "place of employment."

(f)    "Smoking" means the carrying or holding of a lighted pipe, cigar, cigarette, electronic smoking device, vape/vaporizer, or any other lighted smoking equipment, or the lighting or emitting or exhaling of the smoke of a pipe, cigar, cigarette, electronic smoking device, vape/vaporizer, or any other kind of smoking equipment.

(g)    "Sports Arena" means sports pavilion, gymnasium, health spa, boxing arena, swimming pool, roller and ice rink, bowling alley, and other similar place where members of the public assemble to engage in physical exercise, participate in athletic competition, or witness sports events. (Ord. No. 2017-10, § 3.)

12.602 Regulation of smoking in city-owned facilities.

All enclosed facilities owned by the City of Fairfield shall be subject to provisions of this article.

12.603 Prohibition of smoking in designated enclosed places.

Smoking shall be prohibited in the following places within the city:

(a)    All enclosed areas available to and customarily used by the general public and all businesses patronized by the public, including, but not limited to, retail stores, hotels and motels, pharmacies, banks, attorney’s offices, and other offices and enclosed shopping malls, except that enclosed shopping malls may designate no more than two smoking areas, each not to exceed 400 square feet, in the vicinity of the major department stores located near the end of the mall.

(b)    Within all restaurants having an occupied capacity of 50 or more persons; provided, however, that this prohibition does not prevent (1) the designating of a contiguous area within a restaurant that contains no more than 50% of the seating capacity of the restaurant as a smoking area, or (2) the providing of separate rooms designated as smoking rooms, so long as said rooms do not contain more than 50% of the seating capacity of the restaurant.

(c)    Waiting rooms, hallways, wards, and semi-private rooms of health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors and dentists offices, except that health facilities shall also be subject to the provisions of section 12.604 of this article regulating smoking in places of employment.

(d)    Elevators, public restrooms, indoor service lines, buses, taxicabs, and other means of public transit under the authority of the city, and in ticket, boarding, and waiting areas of public transit depots; provided, however, that this prohibition does not prevent (1) establishing separate waiting areas for smokers and nonsmokers, or (2) establishing at least 50% of a given waiting area as a nonsmoking area.

(e)    In public areas of museums and galleries.

(f)    Enclosed theaters, auditoriums, and halls which are used for motion pictures, stage dramas, and musical performances, ballets, or other exhibitions, except when smoking is part of any such production.

(g)    Retail food marketing establishments, including grocery stores and supermarkets, except those areas of such establishments set aside for the purpose of serving food and drink, restrooms and offices, and areas thereof not open to the public which may be otherwise regulated by this article.

(h)    Public schools and other public facilities under the control of another public agency, which are available to and are customarily used by the general public, to the extent that the same are subject to the jurisdiction of the city.

(i)    Sports arenas and convention halls, except in designated smoking areas.

(j)    Notwithstanding any other provision of this section, any other, operator, manager or other person who controls any establishment described in this section may declare that entire establishment as a nonsmoking establishment.

12.604 Regulation of smoking in places of employment.

(a)    It shall be the responsibility of employers to provide smoke-free areas for nonsmokers within existing facilities to the maximum extent possible, but employers are not required to incur any expense to make structural or other physical modifications in providing these areas.

(b)    Within 90 days of the effective date of this article, each employer and each place of employment located within the city shall adopt, implement, make known and maintain a written smoking policy, which shall contain at a minimum the following requirements:

(1)    Prohibition of smoking in conference and meeting rooms, restrooms, medical facilities, hallways and elevators.

(2)    Any employee in a place of employment shall be given the right to designate his or her immediate work area as a nonsmoking area and to post the same with an appropriate sign or signs to be provided by the employer. The policy adopted by the employer shall include a reasonable definition of the term, "immediate work area."

A.    In any dispute arising under this smoking policy, the rights of the nonsmoker shall be given precedence.

B.    Provision and maintenance of a separate and contiguous nonsmoking area of not less than 50% of the seating capacity and floor space in cafeterias, lunchrooms, and employee lounges.

(c)    The smoking policy shall be communicated to all employees within three weeks of its adoption, and at least annually thereafter.

(d)    Notwithstanding the provisions of subsection (a) of this section, every employer shall have the right to designate any place of employment, or portion thereof, as a nonsmoking area.

12.605 Smoking - Optional areas.

Notwithstanding any other provisions of this article to the contrary, the following areas shall not be subject to the smoking restrictions of this article:

(1)    Private residences;

(2)    Bars;

(3)    Hotel and motel rooms rented to guests;

(4)    Retail stores that deal exclusively in the sale of tobacco and smoking paraphernalia;

(5)    Restaurants, hotel and motel conference or meeting rooms, and public and private assembly rooms while these places are being used for private functions;

(6)    A private residence which may serve as a place of employment, except when used as a childcare or a healthcare facility.

(7)    A private enclosed place occupied exclusively by smokers, even though such a place may be visited by nonsmokers, and a private enclosed office, excepting places in which smoking is prohibited by the police department, or by any other law, ordinance, or regulation.

12.606 Posting requirements.

"Smoking" or "No Smoking" signs, whichever are appropriate, with letters of not less than 1" in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every building or other place where smoking is controlled by this article, by the owner, operator, manager, or other person having control of such building or other place.

Every restaurant regulated by this article will have posted at its entrance a sign clearly stating that a nonsmoking section is available, and every patron shall be asked as to his or her preference.

12.607 Enforcement.

(a)    Enforcement shall be implemented by the city manager or his designees.

(b)    Any citizen who desires to register a complaint hereunder may initiate enforcement with the city manager, or his designees.

(c)    Any owner, manager, operator, or employer of any establishment controlled by this article shall have the right to inform persons violating this article of the appropriate provisions thereof.

12.608 Penalties.

(a)    It shall be unlawful for any person who owns, manages, operates, or otherwise controls the use of any premises subject to the restrictions of this article to fail to: properly post signs required hereunder; to provide signs for the use of employees in designating their areas; to properly set aside "No Smoking" areas; to adopt a smoking restriction policy; or to apply with any other requirements of this article.

(b)    It shall be unlawful for any person to smoke in any area restricted by the provisions of this article.

12.609 Nonretaliation.

No person or employer shall discharge, refuse to hire, or in any manner, retaliate against any employee or applicant for employment because such employee or applicant exercises any rights afforded by this article.

12.610 Other applicable laws.

This article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. (Ord. No. 87-9, § 1.)

12.611 Prohibition of smoking in designated places in Downtown Fairfield.

(a)    Within twenty-five (25) feet of any doorway or operable window that opens onto any part of Texas Street.

(b)    Within twenty-five (25) feet of any door or operable window that opens onto any rear alley or parking lot located between Texas Street and Empire Street.

(c)    Within twenty-five (25) feet of any door or operable window that opens onto any rear alley or parking lot located between Texas Street and Missouri Street. (Ord. No. 2017-10, § 4.)

12.612-12.699 Reserved for future legislation.

Article VII. Nuisance Response.

12.700 Findings and purpose.

The city council finds and declares that:

A.    Police officers are often required to respond to complaints regarding loud, disruptive, or violent parties, social gatherings, or events in order to disperse participants.

B.    These disruptive parties, social gatherings, and events may become violent, resulting in assaults, batteries, and the perpetration of violent crimes on the property, threatening the peace, health, safety and general welfare of the public.

C.    The necessity of sending police officers to break up noisy, disruptive, or violent parties, social gatherings, and events drains police resources from other areas requiring police protection and unfairly imposes the cost of certain citizens’ inappropriate or unlawful behavior on the entire community.

D.    The conditions described in this article create a significant hazard to the safety of the police officers and to the public in general and are hereby declared to be a public nuisance.

12.701 Definitions.

For the purposes of this article, unless otherwise apparent from the context, the words and phrases used herein shall have the following meanings:

Nuisance response shall mean a service response to a social gathering where the responding police officer has determined that there exists a public nuisance, as defined in this article, which poses an immediate threat to the public peace, health, safety, or general welfare.

Public nuisance means behavior constituting a violation of California Penal Code sections 407, 409, 416, and 603, or other noise, explosions, destruction of property or audible conduct that is unreasonably loud, raucous, excessive, or jarring to persons within the area of audibility in any zone of the City which disturbs the peace or quiet of any neighborhood.

Responsible person means the person(s) who owns or has effective control of the subject premises where a social gathering takes place, the person(s) in charge of the premises, or the person(s) who organized the social gathering.

Social gathering means an event or assemblage of more than five persons for a social occasion or activity on private residential, industrial, institutional, or commercial property including but not limited to, single or multi-family homes, motels, hotels, other rental units, saloons, bars, nightclubs, pool halls, restaurants, theaters, social clubs, social halls, religious facilities, auditoriums or amphitheaters. "Social gathering" includes social occasions and activities where admission is charged or the event is offered gratuitously. "Social gathering" will not include concerted labor activities protected by general law or activities related to the exercise of First Amendment rights protected by the United States or California Constitution including, but not limited to, the right of political assembly, the right to petition the government for redress of grievances, and the free exercise of religion or speech.

12.702 Initial response and notice.

When police personnel respond to a complaint involving a nuisance disturbance caused by a social gathering, the responding officer shall issue a written notice to the responsible person except as otherwise provided by Section 12.704.

This notice shall state that if police department personnel are required to return to the residential location within the following forty-eight (48) hour period or to a non-residential location within a five-day period because of further disturbances, and responding officers determine there is a disruption of the public peace, health, safety, or general welfare, the responsible person shall be liable for the cost of providing such services in accordance with this article. The notice shall be signed by the responsible person, acknowledging receipt of the notice, and a signed copy shall be left with the responsible person.

12.703 Payment for the cost of repeat responses to nuisance calls.

The responsible person or the parents or guardian of the responsible person, if that person is a minor, will be held jointly and severally liable for the costs of providing police personnel on repeat nuisance disturbance responses. The police personnel utilized during a second or subsequent response within a forty-eight hour period after the first response shall be deemed to be on a repeat response.

For non-residential locations, a repeat response shall include responses to similar occurrences within a five-day period following the first response.

12.704 Response to violent nuisance calls.

Where the responding police officer determines that there has been an assault, battery, homicide, rape, robbery, or other violent crime or attempted or threatened violent crime, at a party or social gathering, the responsible person or persons, or the parents or guardian of the responsible person if that person is a minor, will be held jointly and severally liable for the costs of providing police personnel for the initial response and all subsequent nuisance responses.

12.705 Cost of nuisance responses.

The costs for nuisance responses shall include all reasonable costs incurred by the City in responding to a particular incident and arising directly because of the response to the particular incident. Costs may include damages to City property, injuries to City personnel, and the compensation of personnel responding to the incident. The Chief of Police shall promulgate notice and billing procedures for this purpose. A bill for nuisance response may be appealed to the Chief of Police or his or her designee. Determinations of the Chief or his or her designee may be appealed to the City Council.

12.706 Reservation of legal options.

The City does not waive its right to seek reimbursement for actual costs through other legal remedies or procedures. Any person owing money shall be liable in an action brought in the name of the city for recovery of such amount, including reasonable attorneys’ fees. (Ord. No. 95-11, § 1, Ord. 2006-31, § 1.)

Article VIII. Camping and Storage of Personal Property.

12.800 Purpose.

The public streets and public property within the City should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for which they were intended. Camping on private property without the consent of the owner, without proper sanitary measures, and for other than a minimal duration affects private property rights as well as public health and safety. The purpose of this article is to maintain streets, parks, and other public and private areas within the City in a clean and accessible condition and to adequately protect the health, safety, and welfare of the community, while recognizing that, subject to reasonable conditions, camping associated with special events can be beneficial to the City’s cultural and educational climate. (Ord. No. 2001-05, § 2; Ord. No. 2017-11, § 1.)

12.801 Definitions.

Unless the particular provisions or the context otherwise requires, the definitions contained in this section shall govern the construction, meaning and application of words and phrases used in this article.

(a)    "Camp" means to pitch, maintain, or occupy camp facilities, or to use camp paraphernalia, in such a way as to reasonably appear, in light of all circumstances, that a person(s) is using the area occupied as a living accommodation, regardless of his or her intent or the nature of any other activities in which he or she might also be engaging.

(b)    "Camp facilities" include, but are not limited to, tents, huts or temporary shelters.

(c)    "Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks or non-city designated cooking facilities and similar equipment.

(d)    "Park" means the same as defined in Chapter 12B of this Code.

(e)    "Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place of leave in a location.

(f)    "Public street" means the same as defined in Chapter 16 of this Code.

(g)    "Public property" means all public property including, but not limited to, streets, sidewalks, alleys, parks, plazas, waterways, parking lots, and improved or unimproved land. (Ord. No. 2001-05, § 3; Ord. No. 2017-11, §§ 2, 3.)

12.802 Unlawful camping.

It shall be unlawful for any person to camp in the following areas, except as otherwise provided:

(a)    Any public property.

(b)    Any private property.

(1)    This Section does not prohibit overnight camping on private residential property by friends or family of the property owner or lawful occupant, so long as the owner or lawful occupant consents and the overnight camping is limited to not more than one consecutive night.

(2)    Nothing in this Article is intended to prohibit or make unlawful the activities of an owner or lawful occupant of private property that are normally associated with and incidental to the lawful and authorized use of private property for residential or other purposes, or where such activities are expressly authorized by the City’s laws, ordinances, and other regulations.

(3)    The City may issue a temporary permit to allow camping on public or private property in connection with certain temporary events, as provided in Chapter 12A, Chapter 12B, and Section 25.32.8. (Ord. 2001-05, § 4; Ord. No. 2017-11, § 4.)

12.803 Storage of personal property on public and private property.

It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in the following areas, except as otherwise provided:

(a)    Any public property.

(b)    Any private property without the consent of the property owner. (Ord. 2001-05, § 5; Ord. No. 2017-11, § 5.)

12.804 Violations.

The first violation of this Article shall be an infraction punishable ba fine not exceeding $100. The second and each subsequent violation of this Article within a one-year period, may be prosecuted as a misdemeanor, punishable by a fine not exceeding $1000 or by imprisonment in the county jail not to exceed six months, or by both such fine and imprisonment. (Ord. 2001-05, § 6.)

12.805 Severability.

If any section, sub-section, subdivision, paragraph, clause or phrase in this ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, sub-section, subdivision, paragraph, sentence, clause or phrase of this ordinance, irrespective of the fact that any one or more sections, sub-sections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional. (Ord. 2001-05, § 7).

Article IX. Community Safety.

12.900 Findings and Purpose.

(a)    The City Council finds that:

(1)    The ongoing occurrence of criminal activity on real property within the City may constitute a public nuisance and pose a significant risk to public safety. (Ord. 2007-18, § 2.)

(2)    Property owners are responsible for monitoring their property and must take appropriate and reasonable action to prevent or address public nuisances or criminal activity on their property. Furthermore, the City must be able to take administrative or judicial action against Property Owners who are aware of a nuisance on their property and fail to take appropriate and reasonable action to address it, in order to protect the health, safety, and welfare of the City’s residents and the community.

(3)    Community safety must be protected in a way that does not result in housing discrimination or evictions based upon prejudice, unsubstantiated fear, or personal animosities.

(b)    Based on these findings, the purpose of this chapter is:

(1)    To provide administrative and civil remedies against property owners and homeowners associations who permit, allow, or fail to prevent ongoing criminal or nuisance activities to occur on their properties.

(2)    It is not the purpose of this chapter to subject property owners to any legal liability resulting from a tenant’s actions occurring away from the owner’s property, other than when a tenant’s actions take place within a common area owned by a homeowners association that the property owner is a member of within a condominium or other housing development.

(3)    Nothing in this chapter exempts property owners from strict compliance with state and federal housing laws, including, but not limited to, laws regarding evictions, retaliatory or discriminatory conduct or invasion of privacy. (Ord. No. 2014-02, § 1; Ord. No. 2014-01, § 1.)

12.901 Definitions.

(a)    "Administrative Expenses" include, but are not limited to:

(1)    The costs associated with any hearings before a Hearing Officer.

(2)    The City’s personnel costs, direct and indirect, incurred in enforcing this chapter and in preparing for, participating in or conducting any hearings subject to this chapter, including but not limited to attorney’s fees.

(3)    The cost incurred by the City in documenting the safety violations, including, but not limited to the actual expense and costs of the City responding to safety violations; investigating and enforcing statutory crimes related to the safety violation, including, but not limited to, court appearances, conducting inspections, attending hearings, preparing notices, administrative citations, and orders.

(b)    The "Chief of Police" is the Chief of Police or his or her designee.

(c)    The "City" is the City of Fairfield.

(d)    An "Enforcement Officer" is the Chief of Police or any person authorized by the Chief of Police pursuant to this Article to enforce violations of this chapter.

(e)    A "Hearing Officer" is any person designated by the Chief of Police to preside over the administrative hearings pursuant to this chapter. The designated Hearing Officer should have knowledge of property management and rental housing laws and procedures.

(f)    "Owner" and "Property Owner" mean the owner or owners of record of the subject real property as shown on the latest equalized tax assessment roll of Solano County or as otherwise actually known to the Chief of Police. The term "Owner" and "Property Owner" also includes homeowners associations and members of such associations.

(g)    "Person" means individuals, corporations, associations, condominium associations, partnerships, limited liability companies, trustees, lessees, agents, and assignees.

(h)    "Real Property" or "Property" means the lot or parcel of land for which the owner has legal ownership or exercises custody or control thereof. The term "Real Property" or "Property" also includes common areas within condominium or other housing developments.

(i)    A "Safety Violation" is an activity prohibited by Section 12.940 below.

(j)    "Tenant" means a person or persons with a lease or other possessory interest in the Real Property in question. (Ord. No. 2014-02, § 2; Ord. No. 2014-01, § 2.)

12.910 Scope of Chapter.

(a)    The provisions of this chapter shall apply to all Real Property whether owner-occupied or a rental property, whether residential, commercial, industrial, improved, or unimproved, throughout the City.

(b)    A criminal conviction is not required for establishing the occurrence of a Safety Violation pursuant to this chapter. The remedies set forth in this chapter are cumulative and additional to any and all other legal remedies whether set forth elsewhere in the Fairfield City Code, or in state or federal laws, regulations, or case law.

12.920 Dual Responsibility.

(a)    Every Person owning, possessing, or having charge or control of Real Property within the City is required to manage that Property in a manner so as not to violate the provisions of the chapter. The Property Owner shall be liable for Safety Violations on the Property regardless of any contract or agreement with any third party regarding the Property.

(b)    Every Tenant, lessee, or holder of any possessory interest in the Real Property shall:

(1)    Comply with all federal, state, and local laws applicable to the Property.

(2)    Maintain the Property in a manner so as not to violate the provisions of this chapter.

12.930 Authority.

The Chief of Police is the Enforcement Officer responsible for administering and enforcing the provisions of this chapter. The Chief of Police shall have the authority to designate employees as Enforcement Officers in conformance with this chapter to assist with enforcement responsibilities of this chapter, including the issuance of administrative citations.

12.940 Safety Violations Prohibited.

No Property Owner shall, with actual or constructive knowledge, allow, permit or fail to prevent a Safety Violation to occur on his or her Property more than once or after receipt of notice pursuant to Section 12.950 if this chapter. A Safety Violation consists of any of the following activities:

(a)    The illegal manufacture, cultivation, sale, use, or possession of controlled substances or other illegal drugs and substances on the property.

(b)    Any act of prostitution on the property evidenced by the arrest of one or more persons.

(c)    Unlawful activities of a criminal street gang on the property (as defined in Penal Code Section 186.22).

(d)    The unlawful discharging of a firearm or brandishing of a weapon by any person on the property.

(e)    Unlawful criminal acts on the property, whether or not a criminal case is filed, including rape, attempted rape, robbery, battery, homicide, shootings, kidnapping, arson, or gambling.

(f)    The unlawful gathering or coming and going of people who have the intent to commit any of the above Safety Violations on the premises within one year of an arrest for a crime related to the same type of Safety Violation. (Ord. No. 2014-02, § 3; Ord. No. 2014-01, § 3.)

12.950 Notice to Property Owner.

(a)    To commence enforcement of this chapter, the Enforcement Officer shall, within ninety (90) days from the date of a Safety Violation as defined herein, notify the Property Owner of the occurrence of a Safety Violation on the Owner’s Property. The notice shall be served on the Property Owner by personal service or certified mail at the address listed on the latest tax assessment role. If the owner lives out of state or will not accept certified return mail, then service may be made by first-class mail. When the Owner of the Property cannot be located after a diligent search, service may be made by publication in the local newspaper of general circulation which is most likely to give actual notice to the owner.

(b)    When the Enforcement Officer notifies an Owner of rental property of a Safety Violation allegedly caused by a specific Tenant or the Tenants of a specific unit or Property, the Enforcement Officer shall concurrently give written notice thereof to the property manager, when one exists, and the specific Tenants of the unit or Property. The notice to the Tenants need not be given when the Enforcement Officer determines that doing so would endanger persons or compromise an ongoing police investigation.

(c)    The notice shall provide information on how to schedule an informal meeting with the Enforcement Officer at which the Owner and Tenant shall be given the opportunity to demonstrate that he or she is not causing, allowing, permitting, or failing to prevent a Safety Violation or discuss abatement methods.

(d)    The notice shall also contain the following information:

(1)    The address where the Safety Violation is occurring.

(2)    A statement specifying the activities and behaviors which constitute the Safety Violation, including the names (when known) of the person or persons allegedly causing the Safety Violation. This statement may include reasonable actions which the Enforcement Officer directs the Property Owner to take to abate the violation.

(3)    A statement directing the owner to abate the Safety Violation within thirty (30) calendar days of the date of notice. Required abatement measures may include, but are not limited to, those listed in Section 12.963(b). An owner may, in writing, request an extension of time to abate the violation. The extension will be granted, in writing, if the Owner is making good faith efforts, cooperating with the City, or participating in mediation with the City, or where the Owner’s good faith efforts are delayed by circumstances beyond the owner’s control due to federal, state, and local timelines relating to evictions, judicial proceedings relating to the Property, or other extenuating circumstances.

(4)    A statement informing the owner that if any Safety Violation occurs or reoccurs after the date of notice, an administrative citation, including a penalty not to exceed one thousand dollars ($1,000) for each new Safety Violation, may be issued and imposed upon the owner and, if not paid, it shall become a special assessment against the Property, as set forth below.

(5)    A statement that the Owner must, in responding to the notice and working with Tenants, comply with all applicable federal, state, and local regulations relating to evictions and prohibitions against discrimination.

(6)    The Enforcement Officer or the Property Owner may mutually agree to participate in an informal mediation program designed to foster cooperation between Property Owners, the City, and other interested parties. The Enforcement Officer or the Property Owner may request the use of informal mediation in writing.

(e)    After an initial notice, the City shall not be responsible for providing notice pursuant to this section prior to issuance of a citation for subsequent Safety Violations on the same Property that occur within the latter of (1) three hundred sixty-five (365) days of mailing or publication of the initial notice or; (2) that occur within three hundred sixty-five (365) days following the Hearing Officer’s decision pursuant to Section 12.963 below. (Ord. No. 2014-02, § 4; Ord. No. 2014-01, § 4.)

12.955 Safety Violation Enforcement and Fines.

(a)    A violation of this chapter may result in any or all of the following actions and/or fines:

(1)    Any person who violates the provisions of this Chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed $1000.00 per violation

(2)    Issuance of administrative citation(s) and/or an order to abate the Safety Violation(s) with a fine for each and every Safety Violation not to exceed one thousand dollars ($1,000) for each violation, plus any Administrative Expenses incurred in the enforcement of this chapter. Each day the Safety Violation(s) continue shall be deemed a new violation subject to additional citations and fines. Written notice shall be provided to the recipient of a citation or order advising that the recipient may request a hearing as set forth in the provisions of Section 12.960.

(3)    Institution of a civil action by the City Attorney pursuant to Health and Safety Code Section 11570, et seq., and Penal Code Sections 186.22a or 11225, et seq., for injunctive relief, closure of the Property for up to one year, and civil penalties in an amount not to exceed twenty-five thousand dollars ($25,000.00), which shall constitute a lien on the Property. In any civil action brought pursuant to this chapter, the court may award reasonable attorney fees and costs to the prevailing party.

(4)    Imposition and enforcement of abatement orders pursuant to Section 12.950(d)(3) or Section 12.963(b).

(b)    Fines will not be enforced, nor will civil action be commenced, if the Enforcement Officer determines that the owner is making a good faith effort to abate the Safety Violation. Indicia of good faith may include prompt responses to City communications and requests, active professional property management, and other steps taken to remedy the conditions contributing to the Safety Violation.

(c)    All fines shall be the obligation of the Owner and are due and payable within thirty (30) days of issuance of the citation, provided that when a request for a hearing is made, the fines and Administrative Expenses shall be due and payable within thirty (30) days of the date of the Hearing Officer’s written decision. Any fine or Administrative Expense not paid within the time limits set forth, shall be collected pursuant to the procedure set forth in this chapter. (Ord. No. 2014-02, § 5; Ord. No. 2014-01, § 5.)

12.960 Hearings.

The Property Owner has the right to request a hearing in response to a citation or abatement order issued pursuant to this chapter.

(a)    Requests for hearings shall be made in writing to the Chief of Police on forms provided by the City.

(b)    A request for a hearing to contest a citation or abatement order shall be made within thirty (30) calendar days after the Enforcement Officer’s issuance of the citation or abatement order pursuant to Section 12.950(d)(3).

(c)    When a request for hearing is not filed within the time period set forth in subsection (b) of this section, the citation shall be deemed to be undisputed by the Property Owner and shall be final. (Ord. No. 2014-02, § 6; Ord. No. 2014-01, § 6.)

12.961 Hearing Notice.

(a)    Upon the Property Owner’s request for a hearing, the Enforcement Officer shall issue a hearing notice as set forth in section 12.950(a) above. The notice shall contain the following:

(1)    A copy of the citation or Enforcement Officer’s abatement order at issue.

(2)    Direction to the Owner to appear before a Hearing Officer at a stated time, but in no event less than ten (10) calendar days after mailing of the hearing notice.

(3)    The abatement actions the Owner may be asked to take if the matter is not resolved before or during the hearing. (Ord. No. 2014-02, § 7; Ord. No. 2014-01, § 7.)

12.962 Hearings Generally.

(a)    At the time set for the hearing, the Hearing Officer shall proceed to hear the testimony of City staff, the Owner, any Tenants, and other persons regarding the behaviors and activities creating the alleged Safety Violation, the steps necessary to abate the violation, and, when applicable, the imposition of an administrative penalty. Testimony will be given under penalty of perjury. The Hearing Officer shall consider information regarding industry standards of practice, as well as the reasonableness of any remedy.

(b)    The parties participating in a hearing under this Ordinance may be represented by an attorney or other person of the party’s choice.

(c)    When a party does not proficiently speak or understand the English language, the party may provide an interpreter, at the party’s own expense, to translate for the party. An interpreter shall not have any involvement in the issues of the case prior to the hearing.

(d)    The Hearing Officer may inspect the Property at issue prior to, during, or after the hearing, provided that:

(1)    Consent is granted by a person with the lawful right to grant consent or an inspection warrant is obtained;

(2)    The parties are given an opportunity to be present during the inspection;

(3)    The Hearing Officer shall state during the hearing, or file a written statement after the hearing and upon completion of the inspection, the material facts observed and the conclusions drawn there from; and

(4)    Each party shall then have a right to rebut or explain the matters so stated by the Hearing Officer during the hearing.

12.963 Decision of the Hearing Officer.

(a)    When it is shown by a preponderance of evidence that the activities occurring on a Property constitute a Safety Violation and that the Owner of the Property did not take adequate steps to abate the Safety Violation, the Hearing Officer shall issue a written decision declaring the Property Owner in violation of this chapter. The Hearing Officer may affirm, reject, or modify any administrative fine or abatement order imposed on the Owner by the Enforcement Officer based upon the severity of the Safety Violation and the Owner’s efforts, or lack thereof, to remedy the situation.

(b)    The Hearing Officer may order the Owner to take such action he/she deems appropriate to abate the Safety Violation. The actions shall be reasonable and may include, by way of example:

(1)    Timely reporting of any further Safety Violations occurring on the Property of which the Property Owner, property manager or their respective agents have or should have knowledge.

(2)    Provision of additional exterior lighting.

(3)    Hiring of qualified and experienced security personnel on the Property.

(4)    Installation of appropriate fencing.

(5)    Posting of signs on the Property, and provisions in rental applications and lease agreements, which state that illegal use of controlled substances and other Safety Violations on the Property shall be grounds for eviction, to the extent permissible under state and federal law.

(6)    Hiring a competent property management firm to manage the Property.

(7)    Hiring a competent resident manager who has experience, education, and training in rental property management.

(8)    Posting signs on the Property setting forth the name, address, and daytime and evening telephone numbers of the Owner or of a local property manager who is authorized to make decisions relating to management of the Property.

(9)    Obtaining education and training in rental property management.

(10)    Require the Homeowners Association to enforce its CC&R’s to prevent or remedy Safety Violations by members or their tenants.

(11)    Such other reasonable actions as may be deemed appropriate by the Hearing Officer.

(c)    The Hearing Officer does not have the authority to order the Owner to evict a Tenant or any other person from the Property. Where the Owner can show that the Owner has taken all reasonable and legal steps to abate the Safety Violation, without success, the Hearing Officer shall dismiss the citation.

(d)    The Hearing Officer’s decision shall inform the Owner that (1) the citation is upheld and the fine is due and payable within thirty (30) calendar days and subject to Section 12.970 below; or (2) if the Safety Violation is not abated within the time specified and the Owner has not complied with all orders of the Hearing Officer, an administrative fine in an amount not to exceed five hundred dollars ($500) for each day the Safety Violation continues may be imposed upon the Owner and a special assessment may be placed against the Property; or (3) the citation is dismissed.

(e)    The Hearing Officer shall make the final administrative decision within 15 days of the hearing. The decision shall inform the Owner that the appeal of the Hearing Officer’s decision is governed by California Code of Civil Procedure Section 1094.6.

(f)    The decision shall be posted on the Property and served upon the Owner in the manner set forth in Section 12.950(a) above, and shall be sent by first class mail to any Tenants other than the Owner, any holder of any mortgage or deed of trust or other lien or encumbrance of record, the Owner or holder of any lease of record, and the holder of any other estate or legal interest of record in the Property. Failure to serve the decision on any person specified herein shall not invalidate proceedings against any person who is properly served. (Ord. No. 2014-02, §§ 8, 9; Ord. No. 2014-01, §§ 8, 9.)

12.964 Enforcement of Hearing Officer Order.

The City Attorney or his or her designee may commence appropriate judicial action against any Owner or Tenant who fails to abate a Safety Violation pursuant to the order of the Hearing Officer.

12.970 Collection of Penalties.

When the fine and Administrative Expenses are not paid as required by the citation or order of the Hearing Officer, the City Council may order that the fine and Administrative Expenses be specially assessed against the Property involved. When the City Council orders that the fine and Administrative Expenses be specially assessed against the Property, it shall confirm the assessment and thereafter said assessment may be collected at the same time and in the same manner as ordinary Real Property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary Real Property taxes.

Article X. Graffiti Removal and Enforcement.

12.1001 Definitions.

For the purposes of this chapter, the following terms shall have these ascribed meanings:

(a)    Adhesive Sticker means any sheet of paper, fabric, plastic or other material with an adhesive, paste, or gummed backing, which, when applied or affixed to any surface, either creates a permanent contact or is not easily removable without the use of solvents.

(b)    Aerosol paint container means any aerosol container, regardless of the material from which it is made, that is adapted or made for the purpose of spraying paint, undercoating, spray insulation, or other substance capable of defacing property.

(c)    City employee means a city code enforcement officer or other individual designated by the chief of police.

(d)    Costs of the abatement may include, but are not limited to, court costs, attorney’s fees, costs of removal of the graffiti or other inscribed material, costs of repair or replacement of defaced real or personal property, administrative costs, and law enforcement costs incurred by the city and/or any other public agency. The prevailing party shall recover attorney’s fees only in those individual actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorney’s fees, and in no case shall an award of attorney’s fees to a prevailing party exceed the amount of reasonable attorney’s fees incurred by the city in the action or proceeding.

(e)    Etching cream means any caustic cream, gel, liquid, or solution capable, by means of a chemical action, of defacing, damaging, or destroying hard surfaces in a manner similar to acid.

(f)    Etching tool means any sharp or pointed instrument that is capable of etching or marking glass, plastic, wood, metal, or concrete surfaces, including, but not limited to, picks, scribes, awls, chisels, markers, and etchers, or any masonry or glass drill bit, carbide drill bit, glass cutter, grinding stone, etching cream or acid etching solution.

(g)    Exterior surface means any building, wall, fence, tree, sidewalk, curb, storage container, vehicle, building material, sign, pole, temporary facility, large waste container, portable toilet, structure or real or personal property.

(h)    Felt tip marker means any broad-tipped indelible marker pen or similar implement containing ink or other pigmented liquid that is not water-soluble.

(i)    Graffiti means any inscription, word, figure, mark, adhesive sticker or design that is written, sprayed, marked, etched, scratched, engraved, drawn, painted, labeled, pasted, applied or affixed on any surface of public or private real or personal property within the city to the extent the same was not authorized in advance by the owner or occupant thereof.

(j)    Graffiti implement means any implement capable of marking, scarring, damaging, or defacing any surface to create graffiti, including, but not limited to, aerosol paint containers, felt tip markers, paint sticks, etching cream, etching tools, adhesive stickers, spray actuators, or any other similar implement.

(k)    Graffiti perpetrator means any individual who causes, commits, solicits or commands another person in, or aids or abets in the application of graffiti.

(l)    Paint stick means any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure and that, upon application, leaves a visible mark on the surface at least one-sixteenth (1/16) of an inch in width or is not water soluble.

(m)    Removal of graffiti, graffiti removal, abatement of graffiti, and graffiti abatement include the repair or replacement of the portion of the real or personal property defaced by graffiti in the event that graffiti cannot be removed cost effectively.

(n)    Responsible party means any person who owns, possesses, occupies, or otherwise has responsibility for the repair or maintenance of property on which graffiti exists.

(o)    Spray actuator (also known as a spray tip, nozzle, or button) means an object or device that is capable of being attached to an aerosol or other paint container for the purpose of spraying the substance contained therein. (Ord. No. 2011-14, § 1.)

12.1002 Sale and possession.

(a)    It shall be unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise furnished any graffiti implement to anyone under the age of eighteen (18) years without the written consent of his or her parent or legal guardian.

(b)    It shall be unlawful for any person to possess any graffiti implement, with the intent to use or apply graffiti, while in or upon any public facility, park, playground, swimming pool or recreational area, other than a highway, street, alley, or way, owned or operated by the city or any other public entity, including property owned by a school district, or while within fifty (50) feet of a public wall or fence, underpass, bridge abutment, storm channel, or similar types of infrastructure, unless otherwise authorized by the city or the public entity owning or operating the public property. This section shall not apply to authorized employees of the city or other public entity or to an individual or authorized employee of an individual, agency or company under contract with the city or other public entity and acting within the scope of that contract.

(c)    A city employee is authorized to post notices at appropriate locations indicating that, pursuant to California Penal Code Section 594.1(d), no person shall carry on his or her person in plain view to the public etching cream or an aerosol container of paint while in any city-owned facility, park, playground, swimming pool or recreational area, other than a highway, street, alley, or way, without prior permission of an authorized city employee.

(d)    It shall be unlawful for any person under the age of eighteen (18) years to possess any graffiti implement while in or upon any public facility, park, playground, swimming pool, recreational area or other public place or upon private property without consent of the owner or occupant of such private property. The provisions of this section shall not apply to the possession of felt tip markers by a minor attending or traveling to or from a school at which the minor is enrolled if the minor is participating in a class or activity at the school that formally requires the possession of felt tip markers. The burden of proof in any prosecution for violation of this section shall be upon the minor to establish the need to possess a felt tip marker. (Ord. No. 2011-14, § 1.)

12.1003 Prevention of graffiti through land use entitlements.

(a)    In approving tentative or parcel maps, subdivision maps, conditional use permits, variances, or other discretionary land use entitlements, the city may impose conditions reasonably related to the control of graffiti, the mitigation of the impacts of graffiti, or both.

(b)    In approving encroachment permits or license agreements, the city may impose conditions reasonably related to the control of graffiti, the mitigation of the impacts of graffiti, or both. Such conditions may include, without limitation, any or all of the following:

(1)    Require installation and use of anti-graffiti materials, as approved by the director of community development or his or her designee, on the encroaching object or structure.

(2)    Require immediate removal of any graffiti from or near the encroaching object or structure.

(3)    Provide right of access by city employees and agents to abate graffiti from or near the encroaching object or structure.

(4)    Supply the city with sufficient matching paint or anti-graffiti material on demand for use in the abatement of graffiti by the city. (Ord. No. 2011-14, § 1.)

12.1004 Reward.

(a)    Pursuant to Section 53069.5 of the California Government Code, the city may offer a reward for information leading to the apprehension and conviction of any person who places graffiti on any public or private real or personal property in such amounts as approved by the city council. In the event of multiple contributors of information, the city manager shall divide the reward amount in a manner he or she deems appropriate.

(b)    The city manager shall specify the manner in which claims for rewards under this section shall be filed with the city, and such claims shall be filed accordingly.

(c)    The graffiti perpetrator shall be liable and reimburse the city for any rewards paid pursuant to this section and, if that person is an unemancipated minor, the parent(s) or legal guardian(s) having custody and control of said minor shall be jointly and severally liable for any rewards paid pursuant to this section.

(d)    No law enforcement officer, municipal officer, official or employee of the city shall be eligible for a reward made pursuant to this section.

(e)    The city manager shall not allow a claim for a reward unless the accuracy of the claim has been investigated and verified and the city manager determines that the requirements of this section have been satisfied. The city manager shall have full discretion as to whether the city shall pay the award or a portion thereof to the informant. (Ord. No. 2011-14, § 1.)

12.1005 Graffiti prohibited.

(a)    It shall be unlawful for any person to cause, or aid or abet in the application of, graffiti onto any surface on any public or private real or personal property.

(b)    It shall be unlawful for any person to permit or maintain graffiti on any surface of any public or private real or personal property.

(c)    Each day that graffiti is maintained or remains present constitutes a new and separate offense and is subject to all penalties set forth in this municipal code. (Ord. No. 2011-14, § 1.)

12.1006 Graffiti constitutes a nuisance.

The existence of graffiti within the city limits constitutes a public and private nuisance and may be abated according to the provisions and procedures contained in this chapter. (Ord. No. 2011-14, § 1.)

12.1007 Graffiti removal requirement.

(a)    Any graffiti perpetrator shall remove the graffiti in a manner prescribed by a city employee within twenty-four (24) hours after notice by the city employee. Failure of any graffiti perpetrator to remove graffiti shall constitute an additional violation of this chapter. Where an unemancipated minor is the graffiti perpetrator, the parent(s) or legal guardian(s) having custody and control of the minor shall also be responsible for graffiti removal in accordance with the city employee’s instructions.

(b)    The responsible party must cause immediate removal of the graffiti on the property, matching the area to the paint color of the neighboring wall, and may not permit or maintain graffiti on the property for a period in excess of 48 hours after service of notice by a city employee regarding the graffiti on the property. (Ord. No. 2011-14, § 1.)

12.1008 Abatement of graffiti by city with consent of responsible party.

(a)    Whenever a city employee determines that graffiti is located on public property or on private real or personal property so as to be visible from any adjacent property (private or public), street, sidewalk, alley, other public right-of-way or other area open to the public, the city employee may provide for the use of city funds for the abatement of graffiti upon the following conditions:

(1)    The responsible party signs an agreement to reimburse the city for the costs of the abatement within thirty (30) days of the city employee submitting an accounting of the expenses and costs.

(2)    In abating the graffiti, the city employee shall not authorize painting, repair or replacement of an area more extensive than where the graffiti is located, except where the city owns the exterior surface and the city employee determines that a more extensive area must be repainted, repaired or replaced, or where the responsible party agrees to pay for the costs of repainting, repairing or replacing a more extensive area.

(3)    Where the exterior surface is owned by a public entity other than the city or is privately owned, the city employee may authorize the removal of graffiti only after securing the consent of the public entity having jurisdiction over the exterior surface or the responsible party for the privately owned property, and only after such entity or responsible party executes an appropriate release and right of entry form permitting such graffiti removal.

(b)    The city shall have no obligation to match paint colors or otherwise meet aesthetic requirements when it abates graffiti.

(c)    As an alternative to the procedure provided in subsection (a) of this section, the city employee may abate the graffiti as a public nuisance in accordance with the procedure set forth in section 12.1009. (Ord. No. 2011-14, § 1.)

12.1009 Abatement of graffiti by city without consent of responsible party.

(a)    If the city employee cannot obtain the consent of the responsible party, the city employee may cause the abatement of graffiti which is located on a private property within the city and which can be viewed from any adjacent private or public property, street, sidewalk, alley, or other public right-of-way or other area open to the public at the responsible party’s expense as a public nuisance pursuant to the following conditions:

(1)    The city employee shall issue a 72-hour notice of intention to abate the graffiti as a public nuisance to the responsible party of the affected property and shall personally serve such notice on the responsible party. Service shall be made on the day and time as written on the notice and by affidavit, the original of which the city employee shall file with the city clerk. The responsible party shall have 72 hours from the time of service of the notice to remove the graffiti or be subject to abatement of graffiti by the city and assessment of the costs of the abatement as a lien or special assessment on the subject property.

(2)    If the city employee cannot personally serve the responsible party with the notice of intention to abate the graffiti, the city employee may otherwise serve the notice in any manner of service allowed pursuant to California Government Code Section 38773.1(b), and must adjust the amount of hours in which the responsible party shall remove the graffiti or timely appeal in accordance with that statute, or by posting a copy of the notice upon the property in a conspicuous place for 72 hours.

(3)    The notice shall be on city letterhead in substantially the following form:

NOTICE OF INTENT TO ABATE GRAFFITI

Date of Notice: ____________

Time of Notice: ____________

NOTICE IS HEREBY GIVEN that you are required at your expense to remove or paint over the graffiti in existence on the property located at (address) ___________________ Fairfield, California, which is visible to public view, within 72 hours after the time of this notice.

The graffiti is visible to public view and, therefore, constitutes a public nuisance. If you fail to comply with this order, City employees or private contractors employed by the City will enter upon your property and abate the public nuisance by removing or painting over the graffiti. The full costs of the abatement by the City employees or private contractors will be assessed upon your property, and such costs will constitute a lien or a special assessment upon the property until paid.

Any person having any objections to or interest in said matters may file within 72 hours from the time of this notice a written appeal to the City Manager stating the reasons the person believes that the City should not abate the graffiti. Unless an appeal is filed with the City Manager or the graffiti is otherwise abated, the City will proceed with the abatement of the graffiti on your property at your expense without further notice at the conclusion of this 72-hour period.

(b)    Failure of the city manager to receive a timely appeal constitutes a waiver of the right to contest a notice of intention to abate. In this event, the notice of intention to abate is final and binding. If an appeal is timely filed, the city employee shall hold a hearing on the objections to the abatement within five (5) days of receiving the appeal. Notice of the decision of the city employee shall be given as provided in subsection (a) of this section for the notice of intent to abate graffiti. If the city employee denies the appeal, the responsible party shall have 72 hours to remove the graffiti from the time of notice of the decision of the city employee, matching the area to the paint color of the neighboring wall. The decision of the city employee shall be final.

(c)    If no appeal is filed, or if the appeal is denied following a hearing, and if the responsible party fails to cause the graffiti to be removed by the designated date and time or such continued date and time thereafter as the city employee approves, then the city employee shall cause the graffiti to be abated by city forces or private contract, and the city or its private contractor may enter upon the premises for such purposes after obtaining a warrant authorizing the entry upon the property for abatement of the graffiti. The city shall have no obligation to match paint colors or otherwise meet aesthetic requirements when it abates graffiti. (Ord. No. 2011-14, § 1.)

12.1010 Emergency abatement.

(a)    In a circumstance where the city employee determines that urgent abatement is required for the health and safety of residents, and where the city employee cannot obtain the consent of the responsible party, the city employee may cause the abatement of graffiti which is located on a private property within the city and which can be viewed from any adjacent private or public property, street, sidewalk, alley, or other public right-of-way or other area open to the public at the responsible party’s expense as a public nuisance pursuant to the following conditions:

(1)    The city employee shall issue a 5-hour notice of intention to abate the graffiti as a public nuisance to the responsible party of the affected property and shall personally serve such notice on the responsible party. Service shall be made on the day and time as written on the notice and by affidavit, the original of which the city employee shall file with the city clerk. The responsible party shall have 5 hours from the time of service of the notice to remove the graffiti or be subject to abatement of graffiti by the city.

(2)    The notice shall be on city letterhead in substantially the following form:

URGENT NOTICE OF INTENT TO ABATE GRAFFITI

PLEASE RESPOND WITHIN FIVE (5) HOURS OF RECEIPT

Date of Notice: ____________

Time of Notice: ____________

NOTICE IS HEREBY GIVEN that you are required at your expense to remove or paint over the graffiti in existence on the property located at (address) ___________________ Fairfield, California, which is visible to public view, within five (5) hours after the time of this notice. Such abatement is urgent, as required for the health and safety of the residents of the City of Fairfield, because ______________________________________________________.

The graffiti is visible to public view and, therefore, constitutes a public nuisance. If you fail to comply with this order, City employees or private contractors employed by the City will enter upon your property and abate the public nuisance by removing or painting over the graffiti. The full costs of the abatement by the City employees or private contractors will be assessed upon your property, and such costs will constitute a lien or a special assessment upon the property until paid.

Any person having any objections to or interest in said matters may notify the City Manager within four (4) hours from the time of this notice, stating the reasons the person believes that the City should not abate the graffiti. Unless an appeal is filed with the City Manager or the graffiti is otherwise abated, the City will proceed with the abatement of the graffiti on your property without further notice at the conclusion of this 5-hour period.

(b)    Failure of the city manager to receive a timely appeal constitutes a waiver of the right to contest a notice of intention to abate. In this event, the notice of intention to abate is final and binding. If an appeal is timely filed, the city employee shall hold a hearing on the objections to the abatement within five (5) days of receiving the appeal. Notice of the decision of the city employee shall be given as provided in subsection (a) of this section for the notice of intent to abate graffiti. If the city employee denies the appeal, the responsible party shall have 72 hours to remove the graffiti from the time of the personally served notice of the decision of the city employee, matching the area to the paint color of the neighboring wall. The decision of the city employee shall be final.

(c)    If no appeal is filed, or if the appeal is denied following a hearing, and if the responsible party fails to cause the graffiti to be removed by the designated date and time or such continued date and time thereafter as the city employee approves, then the city employee shall cause the graffiti to be abated by city forces or private contract, and the city or its private contractor may enter upon the premises for such purposes after obtaining a warrant authorizing the entry upon the property for abatement of the graffiti. The city shall have no obligation to match paint colors or otherwise meet aesthetic requirements when it abates graffiti. The city shall not recover costs for this type of abatement. (Ord. No. 2011-14, § 1.)

12.1011 Assessment of costs.

(a)    The city employee shall keep an accounting of and may hold a hearing regarding the expenses and costs of the abatement of the graffiti in accordance with all required procedures.

(b)    If the city employee served the notice of intention to abate the graffiti in any manner of service allowed pursuant to California Government Code Section 38773.1(b), and if the city held a hearing pursuant to subsection (a) of this section, the city employee may elect to recover the costs of abatement by lien in accordance with section 12.1012 of this chapter, by special assessment in accordance with section 12.1013 of this chapter, or in any other manner provided for or authorized by law. (Ord. No. 2011-14, § 1.)

12.1012 Lien procedure.

Pursuant to California Government Code Sections 38773.1 and 38773.2, the city employee may elect that the costs of the abatement, as confirmed by the city council, shall constitute a lien against: the property on which the graffiti was maintained; the property of the graffiti perpetrator; and/or, if the graffiti perpetrator is a minor, the property of the parent(s) or legal guardian(s) having custody and control of the minor. The following procedure is required:

(a)    Prior to the recordation of the lien, the city employee shall issue notice of the lien to the owner of record of the parcel of land, based on the last equalized assessment roll or the supplemental roll, whichever is more current. Notice of the lien shall be served in any manner of service allowed pursuant to California Government Code Sections 38773.1(b) or 38773.2(b), as may be amended from time to time.

(b)    If the total costs of the abatement are not paid to the city in full within ten (10) days after the date of service of the notice, the city clerk or his or her designee may record, in the county recorder’s office in the county in which the parcel of land is located, a lien, which, from the date of recording, shall have the force, effect, and priority of a judgment lien and shall continue in full force and effect until the entire amount due is paid in full.

(c)    The lien shall specify: the amount of the lien; the city as the agency on whose behalf the lien is imposed; the date of the abatement order; the street address, legal description and assessor’s parcel number of the parcel on which the lien is imposed; and the name and address of the recorded parcel owner.

(d)    If the lien is discharged, released or satisfied, either through payment or foreclosure, the city clerk or his or her designee shall record notice of the discharge containing the information specified in subsection (c) of this section as to the lien and any other lien recorded against other parties pursuant to the same incidence of graffiti. Any such liens and releases of liens shall be indexed in the grantor-grantee index.

(e)    The city may bring an action to satisfy a lien through foreclosure.

(f)    If the county recorder assesses any fee to the city for processing and recording the lien and providing notice to the property owner, the city shall recover this amount from the property owner as a part of the foreclosure action to enforce the lien. (Ord. No. 2011-14, § 1.)

12.1013 Special assessment procedure.

Pursuant to California Government Code Sections 38773.5 and 38773.6, the city employee may elect that the costs of the abatement, as confirmed by the city council, shall constitute a special assessment against: the property on which the graffiti was maintained; the property of the graffiti perpetrator; and/or, if the graffiti perpetrator is a minor, the property of the parent(s) or legal guardian(s) having custody and control of the minor. The following procedure is required:

(a)    The city employee shall send notice by certified mail to the property owner if the owner’s identity can be determined from the county assessor’s or county recorder’s records. This notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three (3) years by the tax collector for unpaid delinquent assessments. Failure of the property owner to receive notice shall not affect the tax collector’s power of sale.

(b)    If the total costs of the abatement are not paid to the city in full within ten (10) days after the date of service of the notice, the city employee may cause the costs of the abatement to be charged to the owner of the subject lot or parcel on the next regular tax bill. The special assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties, procedures and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the cost of the abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.

(c)    Notices or instruments relating to the abatement proceeding or special assessment may be recorded. (Ord. No. 2011-14, § 1.)

12.1014 Parental liability.

For the purposes of civil damages, including court costs and attorney’s fees to the prevailing party, the parent(s) or legal guardian(s) having custody and control of a minor shall be personally liable for any act of willful misconduct by a minor that results in graffiti. The parent(s) or legal guardian(s) having custody and control shall be jointly and severally liable with the minor for any damages resulting from the willful misconduct, including any and all costs to the city incurred in connection with the removal of said graffiti, not to exceed twenty-five thousand dollars ($25,000), pursuant to California Civil Code Section 1714.1. (Ord. No. 2011-14, § 1.)

12.1015 Restitution.

Upon completion of the work required to abate graffiti on public property, the costs of the abatement may either be assessed pursuant to sections 12.1011 through 12.1013 of this chapter or be submitted to the district attorney or local law enforcement in order to obtain restitution from a criminal defendant, including from a minor and the parent(s) or guardian(s) having custody and control of the minor. (Ord. No. 2011-14, § 1.)

12.1016 Criminal penalties.

The city may petition a sentencing court to impose any or all of the following additional penalties or conditions of any grant or probation, diversion, deferred entry of judgment, or other court supervision (including upon a determination that a minor is to be a ward of the court as a result of committing an act of vandalism or graffiti) upon conviction:

(a)    Assess fines in accordance with chapter 1 of this municipal code. In the case of a minor, the parent(s) or legal guardian(s) having custody and control of the minor shall be jointly and severally liable with the minor for the payment of all fines.

(b)    For an individual who is 13 years or older in age, suspend or delay the issuance of a driver’s license, pursuant to California Vehicle Code Section 13202.6.

(c)    Order community service with a request that:

(1)    The graffiti perpetrator shall perform not less than forty (40) hours of community service for the first offense, not less than eighty (80) for the second offense, and not less than one hundred twenty (120) for a third or subsequent offense;

(2)    If the graffiti perpetrator is a minor, at least one parent or guardian having custody and control of the minor shall be in attendance for a minimum of fifty percent (50%) of the assigned community service; and

(3)    Reasonable effort be made to assign the graffiti perpetrator to a type of community service that is reasonably expected to have the most rehabilitative effect on the graffiti perpetrator, including, if possible, community service that involves graffiti removal.

(d)    Pursuant to California Government Code Section 38773.7, upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property or a person described as a “minor” or “other person” in California Government Code Section 38772(d)(3) is responsible for graffiti, impose treble the costs of the abatement. (Ord. No. 2011-14, § 1.)

12.1017 Misdemeanor.

Any person violating any provision of this chapter shall be guilty of a misdemeanor, unless at the discretion of the city attorney or district attorney, the violation is reduced to an infraction. (Ord. No. 2011-14, § 1.)

12.1018 Cumulative remedies.

The remedies provided in this chapter are in addition to and do not supersede or limit any other remedies and penalties available under provisions of other applicable City ordinances, the laws of the State of California, or the laws of the United States. (Ord. No. 2011-14, § 1.)

Article XI. Shopping Carts.1

12.1101 Purpose and Intent.

a)    The City has determined that the unauthorized removal of shopping carts from retail establishments constitutes a nuisance, creates potential hazards to the health and safety of the public, and interferes with pedestrian and vehicular traffic. Wrecked, dismantled and/or abandoned shopping carts on public or private property create conditions that reduce property values and promote blight and deterioration within the City’s neighborhoods.

b)    The intent of this Article is to ensure that owners take measures to prevent the removal of shopping carts from business premises and to facilitate the retrieval and return of lost, stolen, or abandoned carts in a manner that complements and supplements provisions of state law. (Ord. No. 2013-22, § 1.)

12.1102 Definitions.

a)    "Abandoned shopping cart" means a shopping cart that has been removed from the business premises without the written permission of the owner or on-duty manager and has been left on either public or private property.

b)    "Business premises" means the interior of a cart owner’s establishment, adjacent walkways, any loading area, and the parking area, as defined herein. The owner’s business premises may include a multi-store shopping center with shared areas of parking and public access.

c)    "Director" means the Director of Community Development or Director of Public Works for the City of Fairfield, or the Director’s designee.

d)    "Owner" means a person or entity, which in connection with the conduct of a business, owns, possesses, or makes available any shopping cart to customers or the public. For purposes of this Article, owner shall also include the owner’s agent that provides shopping carts for use by owner’s customers.

e)    "Parking area" means a parking lot or other property provided by a commercial establishment for the use by a customer for parking an automobile or other vehicle. For a multi-store shopping center, "parking area" includes the entire parking area provided for use by customers of the shopping center.

f)    "Shopping cart or cart" means a basket which is mounted on wheels or a similar device used in a retail establishment by a customer for transporting goods, including but not limited to grocery store shopping carts. A cart sold by a commercial establishment to a retail customer for that customer’s personal use is not a shopping cart for the purposes of this Article.

g)    "Shopping cart retrieval service" means a contract with a commercial service to retrieve and return shopping carts to their respective owners, which meets minimum service requirements as established by the Director. A contract with a commercial service to retrieve and return shopping carts to the owners which fails to meet minimum service requirements established by the Director is not a "shopping cart retrieval service" within the meaning of this Article. If the City retrieves more than twenty (20) carts of an owner within a period of ninety (90) consecutive days, the commercial service has demonstrated that it fails to meet minimum service requirements and such service is not a "shopping cart retrieval service" within the meaning of this Article. (Ord. No. 2013-22, § 1.)

12.1103 Shopping Cart Identification Signs.

Each shopping cart owned or used within the City shall have permanently affixed to it an easily visible identification sign or engraved surface which includes all of the following information:

a)    The identity of the cart’s owner and owner’s establishment;

b)    A valid telephone number or address for returning the cart removed from the business premises to the owner;

c)    Notification to the public that the unauthorized removal of the cart from the business premises or parking area of the owner’s establishment, or the unauthorized possession of the cart, is a violation of state law and Fairfield City Code;

d)    Notification that shopping carts shall not be removed from the business premises without the express written consent of the owner. (Ord. No. 2013-22, § 1.)

12.1104 Notification Signs at Business Pedestrian Exits.

Each owner shall post and maintain a sign at each customer pedestrian exit at the owner’s establishment providing notice, in one or more languages, that unauthorized removal of a shopping cart from the business premises is a violation of state law and the Fairfield City Code. The signs shall be conspicuously and prominently displayed on the interior walls of the building within two feet of each customer pedestrian exit. (Ord. No. 2013-22, § 1.)

12.1105 Permission for Cart Removal from Business Premises.

No person shall be deemed to be authorized to remove a shopping cart from the business premises unless such person possesses express written authorization from the owner. A contract between the owner and a person to provide repair or maintenance of the owner’s carts constitutes express written authorization for such person to remove the owner’s carts for the purpose of repair or maintenance. (Ord. No. 2013-22, § 1.)

12.1106 Shopping Cart Containment Plan Required.

Every owner shall operate and maintain a shopping cart containment program pursuant to a shopping cart containment plan that contains all of the following:

a)    Name of the owner. The name of the owner, the physical address of the owner’s establishment, and name, address and phone number(s) of the property owner if different from the business owner.

b)    Inventory of carts. A complete inventory of all carts maintained on or in the business premises.

c)    Cart identification. Shopping cart identification requirements pursuant to Section 12.1103 of this Article.

d)    Loss prevention measures. A description of the specific measures that the owner shall implement to prevent cart removal from the business premises. These measures may include, but are not limited to:

1.    Placing signs directing customers not to remove the shopping carts from the business premises;

2.    Using courtesy clerks to accompany customers and return the carts to the owner’s establishment;

3.    Using security personnel to prevent shopping carts from being removed from the business premises or requiring a security deposit for use of a cart;

4.    Providing small, two-wheeled shopping carts that a customer may rent or purchase for the customer’s personal use;

5.    Providing a neighborhood shuttle or other service to transport purchased goods for a customer;

6.    Installing on shopping carts electronic disabling devices, such as wheel locks, which disable the cart upon crossing a barrier at the perimeter of the business premises;

7.    Installing barriers on carts or at the doors, near the loading areas, or at other defined perimeters, of the business premises to prevent the passage of a cart beyond such barrier;

8.    Operating without a plan approved by the Director is unlawful and shall be an infraction punishable as provided in section 1.7 of this code. (Ord. No. 2017-04, § 1; Ord. No. 2013-22, § 1.)

12.1106.1 Cart Containment Plan Review Fees.

An owner must submit for review and approval by the Director a shopping cart containment plan that complies with the requirements established in Section 12.1106, and any amendments to a shopping cart containment plan previously approved by the Director. The owner shall pay a fee upon submitting the plan or plan amendment for review of the plan or plan amendment in an amount established by resolution of the City Council. (Ord. No. 2013-22, § 1.)

12.1106.2 Cart Containment Plan Approval, Conditional Approval or Denial.

a)    The Director shall approve, conditionally approve or deny a proposed shopping cart containment plan, and shall notify the owner of such decision within thirty (30) days of receipt of the plan and payment of the fee required pursuant to Section 12.1106.1. If approved, the cart containment plan shall be implemented by the owner no later than thirty (30) days from the date of approval.

b)    A plan or an amendment to a plan may be approved subject to conditions or denied based upon one or more of the following grounds:

1.    Implementation of the plan violates any provision of the building, zoning, health, safety, fire, police, or other provision of this code or any county, state or federal law which substantially affects public health, welfare, or safety;

2.    The plan fails to include all of the information required by this Article;

3.    The plan is insufficient or inadequate to prevent removal of carts from the business premises as evidenced by data regarding the owner’s abandoned shopping carts;

4.    The plan fails to address any special or unique conditions due to the geographical location of the business premises as they relate to cart retention and prevention efforts;

5.    Implementation of the plan violates another provision of the City Code;

6.    The owner knowingly makes a false statement of fact or omits a material fact required to be submitted for the plan, or for any amendment to the plan or in any other information required by the City.

c)    Within fifteen (15) days of the written decision of the Director that a plan or amendment is incomplete or denied, the owner shall submit a revised or complete plan, as appropriate. The Director may require specific measures to be included in the plan, including mandatory electronic disabling devices.

d)    The Director may revoke the Director’s prior approval of a plan based on one or more of the grounds listed in paragraph (b) above.

e)    Within ten (10) days of the written decision of the Director, an owner may appeal to the City Manager the Director’s decision to deny or revoke prior approval of a plan. The decision of the City Manager shall be final.

f)    At any time after the Director’s approval of any plan, the owner may submit an amendment to the previously approved plan to address a change in circumstances, address an unanticipated physical or economic impact of the plan, or modify an inadequate or ineffective plan. (Ord. No. 2013-22, § 1.)

12.1107 Shopping Cart Containment Plan Exemption.

The Director shall exempt from Section 12.1106 an owner that demonstrates to the Director that the owner is contracting with a shopping cart retrieval service. (Ord. No. 2013-22, § 1.)

12.1108 Unauthorized Acts or Possession of an Abandoned Shopping Cart.

It is unlawful for any person to do any of the following:

a)    To remove a shopping cart from the business premises with the intent to temporarily or permanently deprive the owner of possession of the cart;

b)    To be in possession of a shopping cart that has been removed from the business premises with the intent to temporarily or permanently deprive the owner of possession of the cart;

c)    To alter, convert, or tamper with a shopping cart, or to remove any part or portion thereof, or to remove, obliterate or alter serial numbers on a shopping cart or to be in possession of any shopping cart with serial numbers removed, obliterated, or altered, with the intent to temporarily or permanently deprive the owner of possession of the cart;

d)    To leave or abandon a shopping cart at a location other than the business premises with the intent to temporarily or permanently deprive the owner of possession of the cart;

e)    Any person who violates the provisions of this Article is subject to any enforcement procedures permitted by law, including but not limited to, prosecution of a misdemeanor or an infraction, civil action for injunction, administrative enforcement procedures, and revocation of a use permit, if applicable. (Ord. No. 2013-22, § 1.)

12.1109 Shopping Cart Retrieval and Impoundment.

a)    The city shall immediately notify an owner of the discovery and location of the owner’s abandoned shopping cart.

b)    If the abandoned shopping cart is not retrieved within three (3) business days from the date the owner receives actual notice from the City about the discovery and location of the shopping cart, the City shall retrieve and impound the abandoned shopping cart.

c)    Notwithstanding subsection (b) of this section, the City shall immediately retrieve and impound an abandoned shopping cart from public or private property if the location of the abandoned shopping cart impedes or will impede emergency services.

d)    Notwithstanding subsection (b) of this section, the City may immediately retrieve and impound an abandoned shopping cart without complying with the three-day advance notice requirement provided that:

1.    The City provides the owner with actual notice within twenty-four (24) hours following the impound, and the notice informs the owner of the location where the abandoned shopping cart may be claimed. The City shall provide actual notice by telephone or mail and shall document notification.

2.    Any abandoned shopping cart, reclaimed by an owner within three (3) business days following the date of actual notice as provided pursuant to paragraph 1 of this subsection, shall be released and surrendered to the owner at no charge whatsoever, including the waiver of any city impound costs or fines that would otherwise be applicable. Any cart reclaimed within the three business day period shall not be deemed an occurrence for the purposes of subsection (h) of this section.

e)    Abandoned shopping carts impounded by the City pursuant to subsections (b), (c), and (d) of this section shall be held at a location that is reasonably convenient to the owner and open for business at least six (6) hours of each business day.

f)    The City shall not be liable for any damage to a shopping cart impounded pursuant to this Article.

g)    Any owner that fails to retrieve the owner’s abandoned cart impounded by the City pursuant to subsections (b) and (c) of this section or fails to retrieve the owner’s abandoned cart within three (3) business days after receiving notice from the City pursuant to subsection (d) shall pay the City’s costs for retrieving the cart and for providing notice to the owner.

h)    Any owner who fails to retrieve an abandoned cart in accordance with this Article in excess of three (3) times during a consecutive six (6) month period shall be subject to a $50.00 fine for each day that the City holds the owner’s cart in impound.

i)    Any abandoned shopping cart not reclaimed from the City impound within thirty (30) days after the City provided notice to the owner or the owner’s agent may be immediately sold or otherwise disposed of by the City.

j)    If the City retrieves a total of twenty (20) carts within a period of ninety (90) calendar days, the City shall then require the Owner to amend its Shopping Cart Containment Plan to include, at a minimum, electronic disabling devices, such as wheel locks that disable the cart when the cart crosses a barrier at the perimeter of the business premises.

k)    The City may immediately retrieve and immediately dispose of any abandoned shopping cart that lacks an identification sign required by this Article. (Ord. No. 2013-22, § 1.)

Article XII. Prohibition of Aggressive Solicitations and
Targeted Solicitations in Certain Specified Locations.

12.1200 Definitions.

As used in this chapter, the following words and phrases shall have the following meanings.

“Accessory Structure” shall mean a separate structure attached to the main financial institution area that is comprised of one or more automated teller machines, the primary use of which is generally found in connection with activities associated with the use of an automated teller machine.

“Aggressive Solicitation” shall mean to do one or more of the following while engaging in solicitation or immediately before or thereafter:

(1)    Intentionally blocking or impeding the passage of a pedestrian or vehicle in the course of solicitation;

(2)    Following the person solicited by proceeding behind, ahead or alongside of him or her after the person solicited indicates by words or conduct that he or she does not want to be solicited or does not want to give money or any other thing of value to the solicitor;

(3)    Threatening the person solicited with physical harm by word or gesture, either before, during or after solicitation;

(4)    Abusing the person solicited with words which are offensive and inherently likely to provoke an immediate violent reaction; or

(5)    Intentionally touching or causing physical contact with the solicited person or the solicited person’s vehicle without that person’s consent.

“Automated Teller Machine” shall mean any electronic information processing device that accepts or dispenses cash in connection with a credit, debit, deposit, savings, checking, or convenience account.

“Commercial Driveway” shall mean any driveway that provides vehicular access to a shopping center, or retail or business establishment from a public street or highway.

“Financial Institution” shall mean any of the following entities:

(1)    Bank: Any member bank of the Federal Reserve System or any bank, banking association, trust company, savings bank, or any other banking institution organized or operated under the law of the United States.

(2)    Savings and Loan Institution: Any financial institution that specializes in savings deposits and mortgage loans.

(3)    Credit Union: Any federal credit union or any state-chartered credit union the accounts of which are insured by the Administrator of the National Credit Union Administration.

“Public Transportation Vehicle” shall mean any vehicle designed, used, or maintained for carrying ten or more persons, including the driver; or a passenger vehicle designed for carrying fewer than ten persons, including the driver, and used to carry passengers for hire.

“Solicit” shall mean any request made in person for money or objects of value using the spoken, written, or printed word, or bodily gestures, signs, or other means, with the intention that the money or object be transferred at that time and at that place. It shall not include such activities that merely involve communications and information and do not call for the direct and immediate receipt of money or other thing of value. (Ord. No. 2015-13, § 2.)

12.1201 Aggressive solicitations prohibited.

No person shall solicit in an aggressive manner in any place open to the public, whether publicly or privately owned. (Ord. No. 2015-13, § 2.)

12.1202 All solicitations prohibited at specified locations.

A.    Automated Teller Machines. No person shall solicit within fifteen (15) feet of any unenclosed automated teller machine or enclosed automated teller machine located within an accessory structure of a financial institution. When an enclosed automated teller machine is located within an accessory structure of a financial institution, such distance shall be measured from the entrance or exit of the financial institution.

B.    Commercial Driveways. No person shall solicit in a commercial driveway, including a commercial driveway entrance or exit, for the purpose of soliciting a driver or occupant of a motor vehicle.

C.    Public Transportation Vehicles. No person shall solicit in any public transportation vehicle. (Ord. No. 2015-13, § 2.)

12.1203 Exemptions.

The provisions of 12.1202 subdivision (A) shall not apply to any unenclosed automated teller machine located within any building or structure whose primary purpose is unrelated to banking activities, such as supermarkets and convenience stores, provided that such automated teller machines shall be available for use only during the regular hours of operation of the building or structure in which such machine is located. (Ord. No. 2015-13, § 2.)

12.1204 Construction with state law.

Nothing in this chapter is intended to conflict with the provisions of state law concerning solicitation. In the event of a direct and express conflict between this chapter and state law, California law, as applicable, controls. (Ord. No. 2015-13, § 2.)

12.1205 Regulations nonexclusive.

The provisions of this chapter are not intended to be exclusive and nothing in this chapter in any way limits or precludes the enforcement of any other applicable laws, or any other remedy that may be available to the city for conduct that violates this chapter. (Ord. No. 2015-13, § 2.)


1

Code reviser’s note: Section 3 of Ordinance No. 2013-22 provides: "The provisions of Article XI of Chapter 12 of the Fairfield City Code, as added by this Ordinance, shall become operative and may be enforced on or after March 1, 2014."